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Table of Contents Agenda 3 Commendation Honoring Outgoing Heritage Preservation Commissioner Hong Tai Staff Report 9 Commendation Honoring Outgoing Traffic Safety Commissioner Mitch
Kane Staff Report 11 Commendation Honoring Outgoing Planning Commissioner Linda Rodgers Staff Report 13 Appointment of Planning, Heritage Preservation, Traffic Safety, and Library Commissioners
and Oaths of Office Staff Report 15 Resolution 18 Oaths of Office 20 City Council Regular Meeting Minutes – March 2, 2011 Staff Report 28 Minutes 29 Review of Accounts Payable Check
Registers Council Register Report 39 AP Check Register 2/28/11 41 AP Check Register 3/3/11 42 Treasurer’s Report for the Month Ended February 28, 2011 Treasurer’s Report for the Month
Ended February 28, 2011 50 Approval of Agency Agreement for Countywide AB 939 Implementation Fee staff report 55 Agreement 57 Public Hearing on Resolution Ordering the Abatement of a
Public Nuisance by Removal of Hazardous Vegetation (Weeds) Staff Report 70 Resolution Ordering Abatement 72 Attachment B 78 Attachment C 80 Attachment D 82 Attachment E 88 FY 2011/12
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY GRANT FUNDING APPLICATIONS Staff Report 91 CDBG Resolution 93 Community Grant Resolution 95 Allocation Worksheet 97 3-2-11 Staff
Report 98 1
Public Correspondence 103 SummerHill Creekside Homes Pollution Legal Liability Coverage Options SummerHill Creekside Homes Pollution Legal Liability Coverage Options 104 Attachment A
– San Jose Subdivision Improvement Agreement (SIA) 106 Attachment B – Mountain View Indemnification Provision 107 Attachment C -ABAG Risk Management Best Practices – Risk Manager Email
and Contractor Selection and Control 121 Attachment C -ABAG Risk Management Best Practices – Risk Manager Email and Contractor Selection and Control 122 Approval of Agency Agreement
for the Countywide Household Hazardous Waste Collection Program Staff report 127 Agreement 129 Report to Council on Criteria and Process for Adopting Heritage Trees staff report 156
Resolution 159 Tree regulations 161 Comments on Proposed Changes to 408 Area Code Staff Report 169 Attachment #1 171 Attachment #2 176 2
WEDNESDAY, MARCH 16, 2011 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 11, 2011) 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. Oral Communications -Council Direction
to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions
on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation Honoring Outgoing Heritage Preservation Commissioner Hong Tai Recommended action:
Read and present commendation. 2. Commendation Honoring Outgoing Traffic Safety Commissioner Mitch Kane Recommended action: Read and present commendation. AGENDA REGULAR MEETING SARATOGA
CITY COUNCIL 3
3. Commendation Honoring Outgoing Planning Commissioner Linda Rodgers Recommended action: Read and present commendation. 4. Appointment of Planning, Heritage Preservation, Traffic Safety,
and Library Commissioners and Oaths of Office Recommended action: Adopt the attached resolution appointing two (2) members to the Planning Commission, one (1) member to the Heritage
Preservation Commission, four (4) members to the Traffic Safety Commission, and one (1) member to the Library Commission, and direct the City Clerk to administer the Oaths of Office.
SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or
a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public
Speakers are limited to three (3) minutes. 5. City Council Regular Meeting Minutes – March 2, 2011 Recommended action: Approve minutes. 6. Review of Accounts Payable Check Registers
Recommended action: That the City Council review and accept the check registers for the following accounts payable cycles: February 28, 2011 March 3, 2011 7. Treasurer’s Report for the
Month Ended February 28, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended February 28, 2011. 8. Approval of Agency Agreement for Countywide AB 939
Implementation Fee Recommended action: Accept report, and authorize the City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation
Fee. PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council’s approval at the Council meeting.
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9. Public Hearing on Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) Recommended action: Open public hearing; listen to public testimony;
and close public hearing. Consider any objections to proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt proposed
Resolution Ordering Abatement (Attachment A) as to properties listed (with modification(s) if any objections are sustained). 10. FY 2011/12 Community Development Block Grant (CDBG) and
Community Grant Funding Applications Recommended action: 1. Make a decision regarding CDBG recommendations and Community Grant allocations. 2. Approve a transfer of all remaining SHARP
funds and outstanding loans in order to meet the timeliness ratio and avoid losing future funding. OLD BUSINESS 11. SummerHill Creekside Homes Pollution Legal Liability Coverage Options
Recommended action: Staff recommends the Council authorize staff to amend the SummerHill Subdivision Improvement Agreement (SIA) to replace the Pollution Legal Liability (PLL) insurance
requirement with alternative terms described in the Staff Report. 12. Approval of Agency Agreement for the Countywide Household Hazardous Waste Collection Program Recommended action:
Accept report and authorize: 1. The City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste (HHW) Collection Program;
2. Staff to increase the funding augmentation for the HHW Program from its current level of $40,000, to a recommended level of $50,000 for FY 2011-12. 13. Report to Council on Criteria
and Process for Adopting Heritage Trees Recommended action: Adopt the attached resolution, thereby creating a process and criteria for the designation of heritage trees in Saratoga.
NEW BUSINESS 14. Comments on Proposed Changes to 408 Area Code Recommended action: Accept report and authorize the Mayor to submit comments to the State of California Public Utilities
Commission ((CPUC) concerning proposed changes to the 408 area code. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee 5
Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers
Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Mayor/Vice Mayor Oath
of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District Councilmember Jill Hunter Historical Foundation KSAR
Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House
Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House
Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Mayor/Vice Mayor Oath of Office Santa Clara County Emergency
Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 6
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at
the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda
are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of
the City Clerk at the time they are distributed to the City Council. 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) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council for the City of Saratoga was posted on March 11, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that
location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 11th day of March 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 7
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 4/6 Regular Meeting –Joint meeting with SASCC 4/20 Regular Meeting
–Joint meeting with Montalvo Arts 5/4 Regular Meeting –Joint meeting with Youth Commission 5/18 Regular Meeting –Joint meeting with Parks and Recreation Commission/PEBTAC 6/1 Regular
meeting –Joint meeting (5:30 pm) with HOA presidents 6/15 Regular meeting –Joint meeting with Library Commission and Friends of the Library 7/6 Regular Meeting –Joint meeting with Planning
Commission 7/20 Regular Meeting 8/3 SUMMER RECESS 8/17 Regular Meeting 9/7 Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting –Joint meeting with
Heritage Preservation Commission and Historical Foundation 10/5 Regular Meeting –Joint meeting with Traffic Safety Commission 10/19 Regular Meeting –Joint meeting with Assemblymember
Jim Beall, Jr. 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting –Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7
Regular Meeting 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 8
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave
Anderson SUBJECT: Commendation Honoring Outgoing Heritage Preservation Commissioner Hong Tai RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: Hong Tai was appointed
to the Heritage Preservation Commission on April 1, 2008, and has provided outstanding service to the Saratoga community for the past four years. The commendation honoring outgoing Heritage
Preservation Commissioner Hong Tai will be made available on Wednesday, March 16, 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION:
N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included
in the packet made available on the City’s web site in advance of the 9
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Commendation will be made available
at the March 16, 2011 Council meeting. 10
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave
Anderson SUBJECT: Commendation Honoring Outgoing Traffic Safety Commissioner Mitch Kane RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: Mitch Kane was appointed to
the Traffic Safety Commission on April 1, 2000, and has provided outstanding service to the Saratoga community for the past eleven years. The commendation honoring outgoing Traffic Safety
Commissioner Mitch Kane will be made available on Wednesday, March 16, 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW
UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet
made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council
meeting. 11
ATTACHMENTS: Commendation will be made available at the March 16, 2011 Council meeting. 12
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave
Anderson SUBJECT: Commendation Honoring Outgoing Planning Commissioner Linda Rodgers RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: Linda Rodgers was appointed to
the Planning Commission on April 1, 2004, and has provided outstanding service to the Saratoga community for the past seven years. The commendation honoring outgoing Planning Commissioner
Linda Rodgers will be made available on Wednesday, March 16, 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION:
None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available
on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 13
ATTACHMENTS: Commendation will be made available at the March 16, 2011 Council meeting. 14
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY:Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Appointment of Planning, Heritage Preservation, Traffic Safety, and Library Commissioners and Oaths of Office RECOMMENDED ACTION: Adopt the attached resolution appointing two
(2) members to the Planning Commission, one (1) member to the Heritage Preservation Commission, four (4) members to the Traffic Safety Commission, and one (1) member to the Library Commission,
and direct the City Clerk to administer the Oaths of Office. REPORT SUMMARY: On March 7, 2011, the City of Saratoga held interviews for two (2) vacancies on the Planning Commission,
one (1) vacancy on the Heritage Preservation Commission, four (4) vacancies on the Traffic Safety Commission, and one (1) vacancy on the Library Commission. Council appointed Pragati
Grover and reappointed Mary-Lynne Bernald to the Planning Commission. In addition, Council appointed Marilyn Marchetti to the Heritage Preservation Commission; appointed Elena Musselman
and reappointed Peggy Guichard, Judy Coulter, and Nancy Kirk to the Traffic Safety Commission; and appointed Sharon Andres to the Library Commission. The attached resolution appoints
Pragati Grover and re-appoints Mary-Lynne Bernald to the Planning Commission. The terms for Pragati Grover and Mary-Lynne Bernald are for 4 years – April 1, 2011 to April 1, 2015. The
resolution also appoints Marilyn Marchetti to the Heritage Preservation Commission. The term for Marilyn Marchetti is for 4 years – April 1, 2011 to April 1, 2015; The resolution also
appoints Elena Musselman and re-appoints Peggy Guichard, Judy Coulter and Nancy Kirk to the Traffic Safety Commission. The terms for Elena Musselman, Peggy Guichard, and Judy Coulter
are for 4 years and 9 months – April 1, 2011 to January 1, 2016. The term for Nancy Kirk is for 3 years and 9 months – April 1, 2011 to January 1, 2015. The resolution also appoints
Sharon Andres to the Library Commission to fill the unexpired term of Anya Iyengar. The term for Ms. Iyengar was for 4 years and 6 months – April 1, 2009 to October 1, 2013. Ms Iyengar
resigned from the Library Commission in October 2010. The term for Sharon Andres is for April 1, 2011 to October 1, 2013. 15
Upon direction from the City Council the Oath of Office will be administered by the City Clerk to the newly appointed Commissioners and signed by the new Commissioners. FISCAL IMPACTS:
N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to the Planning, Heritage Preservation, Traffic Safety, and Library Commissions. ALTERNATIVE ACTION:
N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library
each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Resolution of Appointment Attachment B – Oaths of Office 16
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1 RESOLUTION 11 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE PLANNING COMMISSION, ONE MEMBER TO THE HERITAGE PRESERVATION COMMISSION, FOUR MEMBERS
TO THE TRAFFIC SAFETY COMMISSION, AND ONE MEMBER TO THE LIBRARY COMMISSION WHEREAS, two vacancies were created on the Planning Commission resulting from the expired terms of Mary-Lynne
Bernald and Linda Rodgers; and WHEREAS, one vacancy was created on the Heritage Preservation Commission resulting from the expired term of Hong Tai; and WHEREAS, four vacancies were
created on the Traffic Safety Commission resulting from the expired terms of Mitch Kane, Nancy Kirk, Judy Coulter, and Peggy Guichard; and WHEREAS, one vacancy was created on the Library
Commission as a result of the October 2010 resignation of Anya Iyengar. Ms. Iyengar’s term was from April 2, 2009 to October 1, 2013; and WHEREAS, a notice of vacancies was posted, applications
were received, interviews have been conducted, and it is now appropriate to fill two vacancies on the Planning Commission, one vacancy on the Heritage Preservation Commission, four vacancies
on the Traffic Safety Commission, and one vacancy on the Library Commission. WHEREAS, City Council conducted interviews on March 7, 2011 and appointed one new member and re-appointed
one member to the Planning Commission to fill two vacancies on this commission; appointed one new member to the Heritage Preservation Commission to fill one vacancy on this Commission;
appointed one new member and reappointed three members to the Traffic Safety Commission to fill four vacancies on this Commission; and appointed one new member to the Library Commission
to fill one unexpired term. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made to the Planning Commission, Heritage Preservation
Commission, Traffic Safety Commission, and Library Commission: PLANNING COMMISSION PRAGATI GROVER – APRIL 1, 2011 TO APRIL 1, 2015 MARY-LYNNE BERNALD – APRIL 1, 2011 TO APRIL 1, 2015
HERITAGE PRESERVATION COMMISSION MARILYN MARCHETTI – APRIL 1, 2011 TO JANUARY 1, 2016 18
2 TRAFFIC SAFETY COMMISSION NANCY KIRK – APRIL 1, 2011 TO JANUARY 1, 2015 ELENA MUSSELMAN – APRIL 1, 2011 TO JANUARY 1, 2016 JUDY COULTER – APRIL 1 2011 TO JANUARY 1, 2016 PEGGY GUICHARD
– APRIL 1, 2011 TO JANUARY 1, 2016 LIBRARY COMMISSION SHARON ANDRES – APRIL 1, 2011 TO OCTOBER 1, 2013 The above and foregoing resolution was passed and adopted at a regular meeting
of the Saratoga City Council held on the 16th day of March 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Howard A. Miller, Mayor ATTEST: ____________________
________ Ann Sullivan, City Clerk 19
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Pragati Grover, Planning Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 20
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Mary-Lynne Bernald, Planning Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 21
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Marilyn Marchetti, Heritage Preservation Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 22
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Nancy Kirk, Traffic Safety Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 23
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Elena Musselman, Traffic Safety Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 24
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Judy Coulter, Traffic Safety Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 25
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Peggy Guichard, Traffic Safety Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 26
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________
Sharon Andres, Library Commissioner Subscribed and sworn to before me on This 16th day of March 2011. __________________________ Ann Sullivan, CMC City Clerk 27
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY:Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Regular Meeting Minutes – March 2, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the March 2, 2011, City Council Regular
Meeting. 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: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site
in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A
– Minutes from the March 2, 2011, City Council Regular Meeting. 28
1 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING MARCH 2, 2011 The City Council held a Joint Meeting with members of the Santa Clara County Sheriff’s Office and Santa Clara County Fire
Department in the Administrative Conference Room at 6:00 p.m. Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. REPORT FROM
CLOSED SESSION Mayor Miller noted there was nothing to report. ROLL CALL PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page and Mayor Howard Miller
ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works
Director Michael Taylor, Recreation Director Iveta Harvancik, Senior Engineer Cynthia McCormick, Assistant Planner Crystal Morrow, Administrative Assistant
II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of March 2, 2011 was properly posted
on February 25, 2011. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Carl Neusel, Captain of the Westside Substation for the Santa Clara County Sheriff’s Office and Ken Kehmna, Training Division
Deputy Chief for the Santa Clara County Fire Department provided a brief synopsis of their 6:00 p.m. Joint Meeting with the City Council. COUNCIL DIRECTION TO STAFF None 29
2 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Michaela Miller, representative of Silicon Valley FACES addressed the Council regarding an upcoming event called “Community Voices”. She
noted that on April 5, 2011, from 7:00 p.m. to 9:00 p.m., Silicon Valley FACES will join with Asian-Americans for a public community dinner and dialogue at the Jewish Community Center.
She noted there will also be community speakers on hand to share stories about immigration. For more information people can visit www.asianamericanvoices.org/COUNCIL DIRECTION TO STAFF
None ANNOUNCEMENTS Councilmember Hunter invited everyone to the annual Mustard Faire event from 10:00 a.m. to 4:00 p.m. on Sunday, March 6th and to the annual St. Paddy’s Party on March
12th from 3:00 p.m. to 5:00 p.m. in the Saratoga Village. Councilmember Lo invited everyone to the Year of the Rabbit celebration at Hakone Gardens on March 5th from 12:00 noon to 4:00
p.m. In addition she noted West Valley College (WVC) will be presenting a musical gala event on the the evening of April 23rd. For ticket information people can go to www.westvalleycollege.eventbrite
.com Councilmember Cappello noted two upcoming Chamber of Commerce events: the Persian New Year event at 4:30 p.m. on March 15th at Blaney Plaza in the Village. The second event is the
Chamber Business Mixer on March 17th at Villa Montalvo from 5:30 p.m. to 7:00 p.m. Vice Mayor Page noted that CalTrain is experiencing serious financial difficulties and as a result,
service going north up the Peninsula to San Francisco may see a large reduction in service. He added there are three agencies that have agreed to fund this transportation service: Valley
Transit Authority, SamTrans, and San Francisco Muni. SamTrans, the San Mateo Transportation Agency, has decided not to fund their portion of the shared funding this year. He asked everyone
that is concerned about the proposed reduction in CalTrain service to the northern communities to contact the San Mateo Board of Supervisors and voice their concerns. Mayor Miller Miller
noted that AARP helps low and middle income tax payers in the Saratoga community with their tax return and E-filings. This service will be available every Thursday from 9:30 a.m. to
1:30 p.m. in the Senior Center between now and the April 15th tax deadline. CEREMONIAL ITEMS None 30
3 SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL RETREAT MINUTES – JANUARY 28, 2011 STAFF RECOMMENDATION: Approve minutes. Councilmember Lo removed this item for clarification.
Councilmember Hunter removed this item for clarification. HUNTER/LO MOVED TO APPROVE THE CITY COUNCIL RETREAT MINUTES – JANUARY 28, 2011, AS AMENDED. MOTION PASSED 5-0-0. 2. CITY COUNCIL
REGULAR MEETING MINUTES – FEBRUARY 16, 2011 STAFF RECOMMENDATION: Approve minutes. Councilmember Hunter removed this item for clarification. HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL
REGULAR MEETING MINUTES – FEBRUARY 16, 2011, AS AMENDED. MOTION PASSED 5-0-0. 3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTER STAFF RECOMMENDATION: That the City Council review and accept
the check registers for the following Accounts Payable payment cycles: February 20, 2011 February 17, 2011 Councilmember Miller removed this item for clarification and correction on
the agenda regarding the February 20, 2011 payment cycle date. MILLER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: FEBRUARY 20, 10, 2011
AND FEBRUARY 17, 2011 AS AMENDED ON AGENDA. MOTION PASSED 5-0-0. 4. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2011 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report
for the month ended January 31, 2011. 31
4 PAGE/CAPPELLO MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2011. MOTION PASSED 5-0-0. 5. LETTERS OF SUPPORT FOR WEST VALLEY COLLEGE CLEAN SAFE CREEKS GRANT
APPLICATIONS STAFF RECOMMENDATION: Accept report and determine whether or not to approve attached letters of support for West Valley College’s applications for Santa Clara Valley Water
District Clean Safe Creeks grant funding. Councilmember Cappello removed this item for correction in the letter of support regarding the “trial” system and noted it should be “trail”
system. CAPPELLO/PAGE MOVED TO APPROVE ATTACHED LETTERS OF SUPPORT AS AMENDED FOR WEST VALLEY COLLEGE’S APPLICATIONS FOR SANTA CLARA VALLEY WATER DISTRICT CLEAN SAFE CREEKS GRANT FUNDING.
MOTION PASSED 5-0-0. 6. LETTER OF SUPPORT FOR CHILDREN’S HERITAGE TRAIL, FARM, AND GARDEN CLEAN SAFE CREEKS GRANT APPLICATION STAFF RECOMMENDATION: Accept report and determine whether
or not to approve attached letter of support for the Children’s Heritage Trail, Farm, and Garden’s Garden’s application for Santa Clara Valley Water District Clean Safe Creeks grant
funding. Councilmember Cappello removed this item for correction in the letter of support and noted it should be “by” rather than “my” in the second paragraph. Crystal Morrow, Administrative
Analyst II, addressed the Council and noted that after the posting of the agenda and packet staff was asked to include additional language to the letter of support regarding the grant
application. Kathryn Matthewson removed this item for comment and provided handouts to the Council and staff. Anna Rainville removed this item for comment and read a poem. CAPPELLO/PAGE
MOVED TO APPROVE ATTACHED LETTER OF SUPPORT AS AMENDED FOR THE CHILDREN’S HERITAGE TRAIL, FARM, AND GARDEN’S APPLICATION FOR SANTA CLARA VALLEY WATER DISTRICT CLEAN SAFE CREEKS GRANT
FUNDING. MOTION PASSED 5-0-0. 7. SANTA CLARA VALLEY WATER DISTRICT CLEAN SAFE CREEKS GRANT PROGRAM APPLICATIONS32
5 STAFF RECOMMENDATION: Accept report and determine whether or not to approve attached resolutions authorizing the City to submit applications for Santa Clara Valley Water District Clean
Safe Creeks grant programs. RESOLUTION NO. 11 – 006 RESOLUTION NO. 11 – 007 PAGE/CAPPELLO MOVED TO APPROVE RESOLUTIONS AUTHORIZING THE CITY TO SUBMIT APPLICATIONS FOR SANTA CLARA VALLEY
WATER DISTRICT CLEAN SAFE CREEKS GRANT PROGRAMS. MOTION PASSED 5-0-0. 8. CALTRANS STATE ROUTE 9 SAFETY IMPROVEMENT PROJECT -FINAL SECTION 4(F) DE MINIMIS FINDING STAFF RECOMMENDATION:
1. Approve the State’s use of a small strip of City property (4,792 square feet) at Hakone Gardens to accommodate roadway safety improvements on Highway 9. 2. Approve final De Minimis
Finding for roadway safety improvements located on Highway 9 adjacent to Hakone Gardens and authorize the City Manager to sign a concurrence letter for the same. Vice Mayor Page removed
this item for comment and clarification. Nick Saleh, CalTrans engineer, addressed the Council and provided additional information and clarification regarding this item. PAGE/CAPPELLO
MOVED TO 1.) APPROVE THE STATE’S USE OF A SMALL STRIP OF CITY PROPERTY (4,792 SQUARE FEET) AT HAKONE GARDENS TO ACCOMMODATE ROADWAY SAFETY IMPROVEMENTS ON HIGHWAY 9; and 2.) APPROVE
FINAL DE MINIMIS FINDING FOR ROADWAY SAFETY IMPROVEMENTS LOCATED ON HIGHWAY 9 ADJACENT TO HAKONE GARDENS AND AUTHORIZE THE CITY MANAGER TO SIGN A CONCURRENCE LETTER FOR THE SAME. MOTION
PASSED 5-0-0. DIRECTION TO STAFF: Council directed staff to notify the Council in advance, via the weekly Council Newsletter, about any documentation from Caltrans that is available
for public review. 9. HIGHWAY 9 SAFETY IMPROVEMENT PROJECT – BUDGET ADJUSTMENT STAFF RECOMMENDATION: Approve budget adjustment. 33
6 RESOLUTION NO. 11 -008 PAGE/CAPPELLO MOVED TO APPROVE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT – BUDGET ADJUSTMENT. MOTION PASSED 5-0-0. 10. FINAL MAP APPROVAL FOR TWENTY RESIDENTIAL LOTS
LOCATED AT 14234 SARATOGA-SUNNYVALE ROAD. OWNER: SUMMERHILL CREEKSIDE LLC STAFF RECOMMENDATION: 1. Move to adopt Resolution granting final map approval of tentative map application No.
06-017, and consequent applications EXT09-0002 and MOD10-0002 for twenty residential lots located at 14234 Saratoga-Sunnyvale Road. 2. Move to authorize the City Manager to execute the
Subdivision Improvement Agreement and the Landscape Maintenance Agreement. Councilmember Cappello removed this item for clarification regarding whether or not he could vote on this item
as a Councilmember since he had previously voted on this item as a Planning Commissioner. City Attorney Richard Taylor responded that Councilmember Cappello could vote on this item.
City Attorney Taylor also noted staff would like to remove this item for comment. He noted the agreement has been approved by SummerHill,Creekside LLC; however, they have expressed concerns
regarding the insurance requirements that would cover pollution on the development site and they have proposed that the City utilize a different approach, whereby the City not require
the additional insurance and instead, accept an indemnification from SummerHill Homes. City Attorney Taylor recommended Council continue this item to the end of the agendized items for
further discussion so that Council can make an informed decision. Council concurred with the recommendation to continue Item 10 to the end of the agendized items. Mayor Miller moved
to Item 13 at this time. [Council returned to this item at 8:40 p.m. and continued their discussion.] City Attorney Richard Taylor provided additional information regarding the insurance
requirements. Recreation Director Michael Taylor provided additional comments regarding the insurance requirements. Kevin Ebrahimi, SummerHill Homes Development Manager, was present
to answer questions regarding this item. 34
7 RESOLUTION NO. 11 – 011 CAPPELLO/PAGE MOVED TO: 1.) ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. 06-017, AND CONSEQUENT APPLICATIONS EXT09-0002 AND
MOD10-0002 FOR TWENTY RESIDENTIAL LOTS LOCATED AT 14234 SARATOGASUNNYVALE ROAD, and 2.) AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT AND THE LANDSCAPE
MAINTENANCE AGREEMENT. MOTION PASSED 5-0-0. DIRECTION TO STAFF: Council directed staff to bring this item back to the March 16, 2011 City Council meeting and provide options for Council
to approve either the existing pollution liability insurance or indemnification language. 11. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON PROSPECT ROAD STAFF RECOMMENDATION:
Move to adopt MV Resolution restricting parking on a portion of Prospect Road MV RESOLUTION NO. – 296 PAGE/CAPPELLO MOVED TO ADOPT MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON
A PORTION OF PROSPECT ROAD. MOTION PASSED 5-0-0. 12. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1; RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 11-12. STAFF RECOMMENDATION:
1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report. 2. Move to adopt the Resolution appointing the Attorneys for the District.
RESOLUTION NO. 11 -009 RESOLUTION NO. 11 -010 PAGE/CAPPELLO MOVED TO 1.) ADOPT THE RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S REPORT; and 2.) ADOPT
THE RESOLUTION APPOINTING THE ATTORNEYS FOR THE DISTRICT. MOTION PASSED 5-0-0. 35
8 PUBLIC HEARINGS 13. FY 2011/12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY GRANT FUNDING APPLICATIONS STAFF RECOMMENDATION: 1. Conduct the Public Hearing and accept public
testimony presentations from applicants. 2. Make a decision regarding CDBG recommendations and Community Grant allocations. 3. Approve a transfer of $118,172.77 in unused SHARP funds
and $26,000 in unused SHARP administration funds to the Unincorporated Housing Rehabilitation Program. Assistant Planner Cynthia McCormick presented the staff report. Mayor Miller opened
the public hearing for public comment. The following people requested to speak on this item: Ernie Kraule spoke on behalf of the Saratoga Historical Foundation and the ADA ramp. Barbara
Merrill spoke on behalf of the Saratoga Adult Care Center. Vera Sloan spoke on behalf of Shady Shakespeare. Tom Moran spoke on behalf of KSAR 15, Saratoga Community Access Cable TV Foundation
and the internship program. Oliva Garcia spoke on behalf of the Long Term Care Ombudsman Program. Susan Huff spoke on behalf of the Saratoga Adult Care Center. Jacqueline de Guzman spoke
on behalf of the West Valley Community Services. Laura Watkins spoke on behalf of the Santa Clara County Family Health Foundation – Healthy Kids Program. Anita Templar spoke on behalf
of the Silicon Valley Wildlife Center. Silicon Valley Wildlife Center representative “Lisa” spoke on behalf of the Silicon Valley Wildlife Center. No one else requested to speak on this
item. Mayor Miller closed the public hearing comment period. Mayor Miller noted this concluded the first portion of the CDBG public hearing and stated this item would be continued to
the March 16, 2011 City Council meeting for additional discussion and allocation of CDBG funds. 36
9 OLD BUSINESS None NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: Council Finance Committee – he attended the last meeting and they discussed the
Saratoga Library bond issue. Hakone Foundation Executive Committee – he attended the last meeting and discussion occurred regarding the legal issue pertaining to the verbiage on their
signs. The Hakone Master Plan will be submitted to the City within two weeks. Master Gardeners from Japan are planning to visit Hakone Gardens later this year. Vice Mayor Chuck Page
– reported: Santa Clara Valley Water District Commission – will meet again in April. West Valley Sanitation District – he attended the last meeting and had nothing else to report. [Vice
Mayor Page suggested all Saratoga Council Members write a letter to the San Mateo Board of Supervisors regarding their decision not to provide their share of funding to CalTrain and
that he will send the San Mateo Board of Supervisors contact information and CalTrain contact information to each of the council members.] Councilmember Jill Hunter – reported: KSAR
Community Access TV Board – she attended the last meeting and noted KSAR is doing well. Councilmember Emily Lo – reported: Library Joint Powers Association – she attended the last meeting
and the Association is moving forward with the purchase of a new administrative building. Sister City Liaison – the Sister City organization is now accepting applications for the Sister
City student exchange program. Councilmember Manny Cappello – reported: County HCD Policy Committee – the committee met on February 17th and they are seeking grant funding from CDBG
and other grant funding opportunities. The next meeting will be in two weeks and the Committee will vote on submitted grant funding requests. CITY COUNCIL ITEMS None 37
10 CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business, Mayor Miller asked for a motion to adjourn. PAGE/MILLER MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING
AT 10:00 P.M. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 38
Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 02/28/11 117244 117244 1 7,500.00 02/28/11 02/17/11 117243 03/03/11 117245
117316 72 255,562.56 03/03/11 02/28/11 117244 AP Date Check No. Issued to Dept. Amount 03/03/11 117265 PW -CIP 64,343.34 03/03/11 117284 PW -CIP 24,576.30 03/03/11 117288 Fac/Parks 24,741.29
The following are Accounts Payable checks that were voided: AP Date Check No. Amount 02/10/11 117149 270.00 02/17/11 117226 24,576.93 PREPARED BY: DEPT. DIRECTOR: Prior Check Register
Accounts Payable Accounts Payable Checks Released February 28, 2011 March 3, 2011 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative
Services CITY MANAGER: Northern Underground CIP Streets Fund Monte Vista Storm Drain PG&E General/L&L/BM Electricity Issued to Description Northern Underground Void -reissued Cindy Zuccarino
Void -reissued Type of Checks Date Total Checks Amount Starting Check No. Ending Check No. The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose
Guerra Construction CIP Park Grant Fund Joe's Trail 39
The following is a list of cash reduction by fund: Fund # 02/28/11 03/03/11 Total 111 General 7,500.00 90,621.61 98,121.61 231 Village Lighting 9,684.17 9,684.17 232 Azule Lighting 466.20
466.20 233 Sarahills Lighting 496.38 496.38 241 Arroyo de Saratoga Landscape -242 Bonnet Way Landscape -243 Carnelian Glen -244 Cunningham/Glasgow Landscape -245 Fredericksburg Landscape
-246 Greenbriar Landscape -247 Kerwin Ranch Landscape -248 Leutar Court Landscape -249 Manor Drive Landscape -251 McCartysville Landscape 37.26 37.26 252 Prides Crossing Landscape 70.39
70.39 253 Saratoga Legends Landscape -254 Sunland Park Landscape -255 Tricia Woods Landscape 18.63 18.63 271 Beauchamps Landscape 92.15 92.15 272 Bellgrove Landscape 832.88 832.88 273
Gateway Landscape 56.42 56.42 274 Horseshoe Landscape/Lighting 18.04 18.04 275 Quito Lighting 2,165.50 2,165.50 276 Tollgate LLD -277 Village Commercial Landscape 183.27 183.27 311 Library
Bond Debt Service -411 CIP Street Projects 31,007.86 31,007.86 412 CIP Parks Projects 5.00 5.00 413 CIP Facility Projects 195.75 195.75 414 CIP Admin Projects 3,334.63 3,334.63 421 Tree
Fine Fund 139.19 139.19 431 Grant Fund -CIP Streets -432 Grant Fund -Parks & Trails 64,343.34 64,343.34 481 Gas Tax Fund 395.43 395.43 611 Liability/Risk Mgt 261.52 261.52 612 Workers'
Comp 264.68 264.68 621 Office Support Services Fund -622 Information Technology 8,137.29 8,137.29 623 Vehicle & Equipment Maint 8,218.88 8,218.88 624 Building Maintenance 9,088.01 9,088.01
631 -632 24,362.97 24,362.97 711 1,065.11 1,065.11 7,500.00 255,562.56 -263,062.56 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Library Capital Improvement 40
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 03/09/2011 CITY OF SARATOGA ACCTPA21 TIME: 15:11:22 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110228 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117244
02/28/11 939 LAMBERTO & KREGER 1118201 PROF. LEGAL SVCS 0.00 7,500.00 TOTAL CASH ACCOUNT 0.00 7,500.00 TOTAL FUND 0.00 7,500.00 TOTAL REPORT 0.00 7,500.00 41
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117245
03/03/11 234 A T & T 1117102 ER LINE − RECREATION 0.00 14.42 11111 117245 03/03/11 234 A T & T 1117102 ER LINE − CM OFFICE 0.00 38.33 11111 117245 03/03/11 234 A T & T 6246202 SUPERTRUNK
0.00 493.44 11111 117245 03/03/11 234 A T & T 6246202 BOOK−GO−AROUND ALARM 0.00 30.04 11111 117245 03/03/11 234 A T & T 1117102 ER LINE−ASSIST CM OFC 0.00 15.67 11111 117245 03/03/11
234 A T & T 6246202 POSTAGE MACHINE 0.00 14.42 11111 117245 03/03/11 234 A T & T 1115301 GATEWAY IRRIGATION 0.00 15.36 11111 117245 03/03/11 234 A T & T 1115301 PHIONE LINES − PARKS
0.00 16.19 11111 117245 03/03/11 234 A T & T 1115301 C.SPRINGS PARK 0.00 31.07 11111 117245 03/03/03/11 234 A T & T 6246202 PROSPECT CTR ALARMS 0.00 37.87 11111 117245 03/03/11 234 A
T & T 1117102 AM 1610 RADIO LINE 0.00 15.67 TOTAL CHECK 0.00 722.48 11111 117246 03/03/11 936 ALLIANCE OCCUPATIONAL ME 6246202 ANNUAL FEE−AED 0.00 85.00 11111 117247 03/03/11 798 ANGELINA,
PATRICIA 1116101 INSTRUCTOR−ROSEN MTH 0.00 88.50 11111 117248 03/03/11 254 AWARD COMPANY OF AMERICA 1111101 WALL PLAQUES 0.00 445.50 11111 117249 03/03/11 730 AYENDE, ABBY 1111201 PC
STUDY SESSION 0.00 97.56 11111 117250 03/03/11 314 BAY TELECOM 6223201 LABOR − PHONE LINES 0.00 115.00 11111 117251 03/03/11 517 CITY OF SAN JOSE 1117101 ANIMAL SERVICES 03/11 0.00 14,719.31
11111 117252 03/03/11 937 CITY OF SARATOGA 1111201 STAMPS−COM. RECOG. 0.00 26.40 11111 117252 03/03/11 937 CITY OF SARATOGA 1114101 CONFERENCE PARKING 0.00 11.70 11111 117252 03/03/11
937 CITY OF SARATOGA 1112201 PARKING−ICMA CONF. 0.00 7.00 11111 117252 03/03/11 937 CITY OF SARATOGA 1118201 COUNTY−RECORDING DOCS 0.00 26.00 11111 117252 03/03/11 937 CITY OF SARATOGA
1111101 CERT LETTER−K. KING 0.00 5.54 11111 117252 03/03/11 937 CITY OF SARATOGA 1111101 OFC SUPPLIES−COUNSEL 0.00 4.35 11111 117252 03/03/11 937 CITY OF SARATOGA 1111101 WKLY MAYOR
MTG. 0.00 17.50 11111 117252 03/03/11 937 CITY OF SARATOGA 1112301 SCCHRD LUNCH MTG. 0.00 25.00 11111 117252 03/03/11 937 CITY OF SARATOGA 1112301 USPS POSTER TUBE 0.00 3.69 11111 117252
03/03/11 937 CITY OF SARATOGA 1112101 OCM OFFICE SUPPLIES 0.00 10.00 TOTAL CHECK 0.00 137.18 11111 117253 03/03/11 229 COAST OIL COMPANY LLC 6235202 UNLEADED/DIESEL 0.00 2,986.52 11111
117254 03/03/11 909 COMPUCOM SYSTEMS INC 6323202 TEN(10) MS OFFICE2010 0.00 3,634.30 11111 117254 03/03/11 909 COMPUCOM SYSTEMS INC 6323202 TEN(10) MS OFFICE2010 0.00 2,662.40 11111
117254 03/03/11 909 COMPUCOM SYSTEMS INC 6323202 WINDOWS SERVER STANDAR 0.00 836.36 11111 117254 03/03/11 909 COMPUCOM SYSTEMS INC 6323202 EXCHANGE SERVER STANDA 0.00 466.22 11111 117254
03/03/11 909 COMPUCOM SYSTEMS INC 6323202 EXCHANGE STANDARD CAL 0.00 4,443.00 11111 117254 03/03/11 909 COMPUCOM SYSTEMS INC 6323202 EXCHANGE ENTERPRISE 20 0.00 2,729.00 TOTAL CHECK
0.00 14,771.28 11111 117255 03/03/11 262 COVAD COMMUNICATION 6223201 MTHLY SVC 02/16−03/15 0.00 497.13 11111 117256 03/03/11 225 DELL MARKETING L.P. C/O 6223201 WARRANTY RNWL−LAPTOPS
0.00 1,237.86 11111 117257 03/03/11 390 ELECTRICAL DISTRIBUTORS 4819111−001 HAPCO LIGHTING 0.00 365.99 42
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117257
03/03/11 390 ELECTRICAL DISTRIBUTORS 4819111−001 FREIGHT−HAPCO LGHTING 0.00 14.44 11111 117257 03/03/11 390 ELECTRICAL DISTRIBUTORS 6246202 SUPPLIES − FACILITIES 0.00 147.73 11111 117257
03/03/11 390 ELECTRICAL DISTRIBUTORS 6246202 FREIGHT/SUPPLIES 0.00 9.38 TOTAL CHECK 0.00 537.54 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR − GYM 0.00 410.14 11111
117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR − GYM 0.00 105.29 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR − GYM 0.00 223.34 11111 117258 03/03/11
651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR− GYM 0.00 302.04 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR − GYM 0.00 290.55 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA
1116101 INSTRUCTOR − GYM 0.00 248.45 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTIOR−GYMNASTIC 0.00 404.02 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR−GYMNASTIC
S 0.00 103.72 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR−GYMNASTICS 0.00 146.92 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR−GYMNASTICS 0.00
297.53 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR−GYMNASTICS 0.00 286.21 11111 117258 03/03/11 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR−GYMNASTICS 0.00 244.75
TOTAL CHECK 0.00 3,062.96 11111 117259 03/03/11 500 ERICA ESPINOSA 111 REFUND − FACILITY 0.00 300.00 11111 117260 03/03/11 423 FEHR & PEERS 1115101 TRAFFIC CONSULT SVCS 0.00 2,706.16
11111 117261 03/03/11 906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA 0.00 133.50 11111 117261 03/03/11 906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA 0.00 69.50 11111 117261 03/03/11
906 FISHER, ELENA G. 1116101 INSTRUCTOR − YOGA 0.00 621.00 TOTAL CHECK 0.00 824.00 11111 117262 03/03/11 940 GILROY CARRIAGE & WAGON 1118302 MUSTARD FAIRE 3/6/11 0.00 800.00 11111 117263
03/03/11 464 GRANICUS 1112201 MONTHLY SVC 03/11 0.00 1,600.00 11111 117264 03/03/11 465 GRANITE CONSTRUCTION COM 4119111−001 SUPPLIES − STREETS 0.00 326.99 11111 117264 03/03/11 465
GRANITE CONSTRUCTION COM 4119111−001 SUPPLIES − STREETS 0.00 89.74 11111 117264 03/03/11 465 GRANITE CONSTRUCTION COM 4119111−001 SUPPLIES − STREETS 0.00 93.86 TOTAL CHECK 0.00 510.59
11111 117265 03/03/11 671 GUERRA CONSTRUCTION GROU 432 RETENTION HELD PO#19 0.00 −7,149.26 11111 117265 03/03/11 671 GUERRA CONSTRUCTION GROU 4329274−001 JOE’S TRAIL−SARATOGA 0.00 71,492.60
TOTAL CHECK 0.00 64,343.34 11111 117266 03/03/11 500 HALES, HALES, & GEORGE 1113101 REFUND−DUPL LICENSE 0.00 15.00 11111 117266 03/03/11 500 HALES, HALES, & GEORGE 1118101 REFUND−DUPL
LICENSE 0.00 180.00 TOTAL CHECK 0.00 195.00 11111 117267 03/03/11 488 HOME DEPOT 1115301 SUPPLIES − PARKS 0.00 294.71 11111 117267 03/03/11 488 HOME DEPOT 1115301 SUPPLIES − PARKS 0.00
257.40 11111 117267 03/03/11 488 HOME DEPOT 1115301 SUPPLIES − PARKS 0.00 131.00 TOTAL CHECK 0.00 683.11 11111 117268 03/03/11 832 HP DIRECT 6323202 HP PROLIANT DL380 G7 S 0.00 8,828.62
11111 117268 03/03/11 832 HP DIRECT 6323202 HP CARE PACK − 3 YEAR 0.00 763.07 43
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT TOTAL CHECK 0.00
9,591.69 11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 2775302 RPR−BIG BASIN WAY 0.00 76.06 11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 2775302 RPR PIPE−POLE #9 0.00 107.21
11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 1115301 RPR−BLANEY PLAZA 0.00 175.01 11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 4139351−001 RPR−NORTH CAMPUS 0.00 195.75 11111
117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 4219211−002 SPRINKLERS−HISTORIC 0.00 139.19 11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 1115301 RPR−COMMUNITY CENTER 0.00 409.97 11111
117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 1115301 IRRIGATION− SAGE CT 0.00 408.59 11111 117269 03/03/11 14 HYDROTEC IRRIGATION EQUI 1115301 RPR−LAWRENCE/SARA AVE 0.00 819.65 TOTAL
CHECK 0.00 2,331.43 11111 117270 03/03/11 799 IAAP−APW 2011 1112101 TRAINING−ADMN ASST. 0.00 45.00 11111 117271 03/03/11 63 INTERSTATE TRAFFIC CONTR 4119111−002 SIGNS−RESTRIPING 0.00
511.84 11111 117271 03/03/11 63 INTERSTATE TRAFFIC CONTR 4119111−002 SIGNS−RESTRIPING 0.00 1,443.74 11111 117271 03/03/11 63 INTERSTATE TRAFFIC CONTR 6246202 SUPPLIES − FACILITIES 0.00
36.05 TOTAL CHECK 0.00 1,991.63 11111 117272 03/03/11 674 JB TROPHIES 1118101 BRONZE PLAQUE 0.00 689.30 11111 117272 03/03/11 674 JB TROPHIES 1112201 PLAQUE−K. KING 0.00 2,012.71 TOTAL
CHECK 0.00 2,702.01 11111 117273 03/03/11 917 JOSON FENCE 1115301 RPR FENCE−PROSPECT RD 0.00 3,638.00 11111 117274 03/03/11 123 KELEX SECURITY 6246202 ALARM RPR−MUSEUM 0.00 250.00 11111
117275 03/03/11 100 KSAR 1118301 BROADCAST 01/11 0.00 600.00 11111 117276 03/03/11 624 LABOR CONSULTANTS OF CA 4119142−006 DAVIS BACON COMPLIANCE 0.00 875.00 11111 117277 03/03/11 192
LI, CHRISTINE KAISER 1116101 INSTRUCTOR−PILATES 0.00 162.00 11111 117277 03/03/11 192 LI, CHRISTINE KAISER 1116101 INSTRUCTOR−PILATES 0.00 54.00 11111 117277 03/03/11 192 LI, CHRISTINE
KAISER 1116101 INSTRUCTOR−PILATES 0.00 630.00 TOTAL CHECK 0.00 846.00 11111 117278 03/03/11 194 LIEBERT, CASSIDY WHITMOR 1112301 LEGAL SERVICES 01/11 0.00 6,860.00 11111 117279 03/03/11
240 LSA ASSOCIATES 111 PROF SVC #CIS0902 0.00 275.00 11111 117279 03/03/11 240 LSA ASSOCIATES 111 PROF SVC #CIS0902 0.00 3,664.95 TOTAL CHECK 0.00 3,939.95 11111 117280 03/03/11 506
MCCORMICK, CYNTHIA 1114101 MILEAGE REIM/TRAINING 0.00 289.44
11111 117281 03/03/11 550 MOST DEPENDABLE FOUNTAIN 1115301 SUPPLIES − PARKS 0.00 409.40 11111 117282 03/03/11 131 NORMAN PAUL PRINT CTR 1116101 2011 CAMP GUIDES 0.00 885.89 11111 117283
03/03/11 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 02/01−02/05 0.00 95.00 11111 117283 03/03/11 135 NORTH BAY BLDG MAINTENAN 6246202 WKLY SVC 02/06−02/12 0.00 285.00 TOTAL CHECK
0.00 380.00 44
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117284
03/03/11 912 NORTHERN UNDERGROUND CON 411 RETENTION HELD PO#82 0.00 −2,730.70 11111 117284 03/03/11 912 NORTHERN UNDERGROUND CON 4119142−008 STORM DRAIN/M. VISTA 0.00 27,307.00 TOTAL
CHECK 0.00 24,576.30 11111 117285 03/03/11 145 OFFICE DEPOT INC. 1117102 OFFICE SUPPLIES 0.00 69.81 11111 117285 03/03/11 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 29.27 11111
117285 03/03/11 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 29.27 11111 117285 03/03/11 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 34.13 11111 117285 03/03/11 145 OFFICE
DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 34.13 TOTAL CHECK 0.00 196.61 11111 117286 03/03/11 60 ONTRAC 1112101 DELIVERY CHARGES 0.00 10.00 11111 117286 03/03/11 60 ONTRAC 1115101 DELIVERY
CHARGES 0.00 15.50 11111 117286 03/03/11 60 ONTRAC 4129252−001 SHIPPING CHARGES 0.00 5.00 11111 117286 03/03/11 60 ONTRAC 4819111−001 SHIPPING CHARGES 0.00 15.00 TOTAL CHECK 0.00 45.50
11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 6246202 NATURAL GAS 0.00 58.22 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,054.21 11111 117288 03/03/11
173 PACIFIC GAS & ELECTRIC 1115301 PARKS/OPEN SPACE 0.00 512.75 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 4,488.24 11111 117288 03/03/11 173 PACIFIC
GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 234.55 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 249.49 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC
2515302 MCCARTYSVILLE 0.00 19.52 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 36.47 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS
0.00 9.17 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 45.12 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 413.83 11111 117288
03/03/11 173 PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR LNDSCAPE 0.00 9.17 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,086.27 11111 117288 03/03/11
173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 4,028.04 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST. LIGHTS 0.00 688.99 11111 117288 03/03/11 173 PACIFIC
GAS & ELECTRIC 6246202 NATURAL GAS 0.00 56.38 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,060.71 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC
1115301 PARKS/OPEN SPACE 0.00 499.20 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 4,686.76 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2325302
AZULE LIGHTING 0.00 231.65 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING LIGHTING 0.00 246.89 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE
0.00 17.74 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 33.92 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 9.46 11111 117288
03/03/11 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 47.03 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 419.05 11111 117288 03/03/11 173 PACIFIC
GAS & ELECTRIC 2745302 HORSESHOE DR LNDSCAPE 0.00 8.87 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 1,073.51 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC
6246202 BUILDINGS 0.00 2,682.32 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST. LIGHTS 0.00 677.34 11111 117288 03/03/11 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY
0.00 56.42 TOTAL CHECK 0.00 24,741.29 11111 117289 03/03/11 500 PAULA SHETH 111 REFUND − FACILITY 0.00 300.00 45
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117290
03/03/11 890 PEELLE TECHNOLOGIES, INC 1114101 SCANNING−CDD_121610 0.00 3,129.66 11111 117290 03/03/11 890 PEELLE TECHNOLOGIES, INC 1114201 SCANNING−CDD_121610 0.00 2,389.37 11111 117290
03/03/11 890 PEELLE TECHNOLOGIES, INC 1114201 SCANNING/CDD−110910 0.00 1,508.64 11111 117290 03/03/11 890 PEELLE TECHNOLOGIES, INC 4149412−002 SCANNING/CDD−110910 0.00 2,911.46 11111
117290 03/03/11 890 PEELLE TECHNOLOGIES, INC 4149412−003 SCANNING/MISC−100510 0.00 423.17 TOTAL CHECK 0.00 10,362.30 11111 117291 03/03/11 409 REPUBLIC ITS INC 1115201 TRAFFIC SGNL MO.01/11
0.00 1,425.00 11111 117291 03/03/11 409 REPUBLIC ITS INC 4119111−001 TRAFFIC SGNL RPR 1/11 11 0.00 2,998.65 TOTAL CHECK 0.00 4,423.65 11111 117292 03/03/11 87 SAN JOSE WATER COMPANY
1115301 PARKS/OPEN SPACE 0.00 101.52 11111 117292 03/03/11 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 99.84 TOTAL CHECK 0.00 201.36 11111 117293 03/03/11 500 SANJEEV KWATRA
111 ARB10−0038 0.00 1,960.00 11111 117294 03/03/11 500 SARATOGA HIGH SCHOOL PTS 111 REFUND − FACILITY 0.00 270.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR
− DANCE 0.00 95.20 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 33.21 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE
0.00 190.40 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 47.60 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00
196.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 105.50 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 58.00
11111 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 21.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 196.00
11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 39.20 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 95.20 11111
117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 95.20 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 336.00 11111 117296
03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 47.60 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTIOR − DANCE 0.00 142.80 11111 117296 03/03/11
729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 294.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 280.00 11111 117296 03/03/11 729
SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 70.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 126.00 11111 117296 03/03/11 729 SARATOGA
SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 190.40 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 333.20 11111 117296 03/03/11 729 SARATOGA SCHOOL
OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 95.20 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 23.80 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE
1116101 INSTRUCTOR − DANCE 0.00 327.25 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 77.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101
INSTRUCTOR − DANCE 0.00 142.80 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 294.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR
− DANCE 0.00 428.40 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 190.40 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR −
DANCE 0.00 42.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 142.80 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE
0.00 168.00 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 126.00 46
SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117296
03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 47.60 11111 117296 03/03/11 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 238.00 11111 117296 03/03/11
729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR − DANCE 0.00 142.80 TOTAL CHECK 0.00 5,478.56 11111 117297 03/03/11 136 SCOTTY’S AUTOMOTIVE 6235202 OIL FILTER−VEH#117 0.00 449.94 11111
117297 03/03/11 136 SCOTTY’S AUTOMOTIVE 6235202 OIL FILTER−VEH#105 0.00 67.12 11111 117297 03/03/11 136 SCOTTY’S AUTOMOTIVE 6235202 OIL FILTER−VEH#110 0.00 67.12 TOTAL CHECK 0.00 584.18
11111 117298 03/03/11 160 SIERRA PACIFIC TURF SUPP 1115301 GRASS SEEDS−PARKS 0.00 170.43 11111 117298 03/03/11 160 SIERRA PACIFIC TURF SUPP 1115301 FERTILIZER−PARKS 0.00 98.33 TOTAL
CHECK 0.00 268.76 11111 117299 03/03/11 236 SOLECTRIC ELECTRIC CONTR 2315302 RPR−BIG BASIN WAY 0.00 414.17 11111 117299 03/03/11 236 SOLECTRIC ELECTRIC CONTR 2315302 RPR−BIG BASIN WAY
0.00 95.00 TOTAL CHECK 0.00 509.17 11111 117300 03/03/11 826 THE GRAND VIEW 1116101 INSTRUCTOR − PAINTING 0.00 1,332.19 11111 117301 03/03/11 266 SUNGARD PUBLIC SECTOR IN 6223201 SUNGARD
PLUS MTC 3/11 0.00 5,390.00 11111 117301 03/03/11 266 SUNGARD PUBLIC SECTOR IN 6223201 MTHLY MAINT 03/2011 0.00 364.00 TOTAL CHECK 0.00 5,754.00 11111 117302 03/03/11 938 T. BENNETT
GRAPHICS 7118701 LIBRARY−SIGN IMPVTS 0.00 600.19 11111 117302 03/03/11 938 T. BENNETT GRAPHICS 7118701 LIBRARY−SIGN IMPVTS 0.00 464.92 TOTAL CHECK 0.00 1,065.11 11111 117303 03/03/11
277 TAK’S EQUIPMENT 6235202 MOWER REEL GRINDING 0.00 2,066.93 11111 117303 03/03/11 277 TAK’S EQUIPMENT 6235202 REPLACE STATOR−MOWER 0.00 1,594.07 TOTAL CHECK 0.00 3,661.00 11111 117304
03/03/11 500 TALLY LIU 111 ARB11−0001 0.00 2,230.00 11111 117305 03/03/11 688 THE CONSULTING TEAM, LLC 1112301 COACHING 10/10 0.00 4,503.52 11111 117306 03/03/11 343 TMT ENTERPRISES
INC 1115301 REDWOOD SAWDUST 0.00 63.37 11111 117307 03/03/11 347 TOMARK SPORTS 1115301 SUPPLIES − PARKS 0.00 314.29 11111 117308 03/03/11 350 TOM’S PLUMBING 1115301 PLUMBING−C. SPRINGS
0.00 115.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1116101 EXCURSION−TIXS 01/11 0.00 478.50 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1116101 KIM−EXCURSION EXP. 0.00
65.49 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111201 SUPPLIES−SAFETY MTG. 0.00 9.47 11111 117311 03/03/11 391 US BANK PURCHASING CARD 111 W.VALLEY M&M MTG. 0.00 62.74 11111
117311 03/03/11 391 US BANK PURCHASING CARD 1112101 DAVE−MANAGER MTG. 0.00 36.04 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111101 DAVE−MANAGER MTG. 0.00 236.41 11111 117311
03/03/11 391 US BANK PURCHASING CARD 1112101 DAVE−LODGING/CONF. 0.00 626.04 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111101 DAVE−LODGING/CONF. 0.00 1,507.74 11111 117311 03/03/11
391 US BANK PURCHASING CARD 1112101 DAVE−DINNER/CONF. 0.00 82.74 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6235202 RICK−SUPPLIES 0.00 27.70 47
SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT 11111 117311
03/03/11 391 US BANK PURCHASING CARD 1116101 ADAM−CWW SUPPLIES 0.00 50.32 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1116101 ADAM−MTHLY EMAIL 0.00 85.00 11111 117311 03/03/11
391 US BANK PURCHASING CARD 1112201 ANN− FRAMING 0.00 17.52 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111101 ANN−COUNCIL MTG 01/05 0.00 2.17 11111 117311 03/03/11 391 US BANK
PURCHASING CARD 1111101 ANN−COUNCIL MTG 01/11 0.00 52.22 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1115201 CREW MEAL/STRM WORK 0.00 47.96 11111 117311 03/03/11 391 US BANK PURCHASING
CARD 6235202 JESUS−RPR/VEH#98 0.00 832.80 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6235202 JESUS−SMOG/#102/#123 0.00 126.68 11111 117311 03/03/11 391 US BANK PURCHASING CARD
4119111−002 JESUS−HARDWARE SIGN 0.00 91.74 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6246202 SUPPLIES−FACILITIES 0.00 697.22 11111 117311 03/03/11 391 US BANK PURCHASING CARD
1112301 LUNCH/MENTOR INTERN 0.00 31.86 11111 117311 03/03/11 391 US BANK PURCHASING CARD 2755302 QUITO L&L POSTAGE 0.00 5.72 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1115101
STAMPS−PW ENG OFC 0.00 11.88 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1115101 ACEC PUBLICATION 0.00 59.46 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1115101 CERT POSTAGE/CALTRANS
0.00 5.80 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1113101 MARY−CSMFO CONF. 0.00 300.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6128501 JOAN−WELLNESS SNACKS 0.00 172.48
11111 117311 03/03/11 391 US BANK PURCHASING CARD 6128501 JANA−WELLNESS SNACKS 0.00 92.20 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114103 JANA−CODE ENF DUES 0.00 75.00 11111
11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 LORI − SUPPLIES 0.00 15.38 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 UPS SHIPPING 01/13 0.00 7.90 11111 117311
03/03/11 391 US BANK PURCHASING CARD 1111101 DEBBIE−COUNCIL MTG 0.00 142.55 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111101 DEBBIE/MAYOR MTG 1/6 0.00 7.10 11111 117311 03/03/11
391 US BANK PURCHASING CARD 1111101 DEBBIE−MAYOR MTG 1/13 0.00 12.58 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1118101 LEO−JAN. BACKUP 0.00 81.95 11111 117311 03/03/11 391 US
BANK PURCHASING CARD 6223201 LEO−MICRO SD CARD 0.00 10.94 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6223201 LEO−COMPUTER SUPPLIES 0.00 27.36 11111 117311 03/03/11 391 US BANK
PURCHASING CARD 6246202 BLUETOOTHS/MAINT DEPT 0.00 81.90 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1118101 MOZYPRO−INCREASE GB 0.00 6.45 11111 117311 03/03/11 391 US BANK PURCHASING
CARD 1116101 TAYLOR−PLUGNPAY FEE 0.00 30.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 6118401 TAYLOR−PARMA CONF 0.00 193.40 11111 117311 03/03/11 391 US BANK PURCHASING CARD
6118401 TAYLOR−ADA HANDBOOK 0.00 68.12 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 ABBY−PC MTG 1/12/11 0.00 106.02 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101
ABBY−FORESTRY SUPLIES 0.00 49.65 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 TRAINING/C.MCCORMICK 0.00 550.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111201
ABBY−PC SESSION 1/11 0.00 108.98 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 ABBY−PC MTG 1/25 0.00 210.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 ABBY−PC
SESSION 1/11 0.00 94.86 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1111201 ABBY−PC SESSION 1/12 0.00 50.00 11111 117311 03/03/11 391 US BANK PURCHASING CARD 1114101 ABBY−PC MTG
2/9 0.00 129.27 TOTAL CHECK 0.00 7,875.31 11111 117312 03/03/11 396 US POSTMASTERS 1116102 2011SPG/SUMMER GUIDE 0.00 2,000.00 11111 117313 03/03/11 500 VICTOR CHAN 111 ARB07−0056 0.00
1,930.00 11111 117314 03/03/11 902 WEST VALLEY CHARTER LINE 1116101 EXCURSION SVC−3/24/11 0.00 846.00 11111 117315 03/03/11 432 WEST VALLEY COLLECTIONS 1115301 BIN−C.SPRINGS 02/11 0.00
2,358.63 11111 117316 03/03/11 696 ZAG TECHNICAL SERVICES, 6223201 IT SUPPORT SERVICES 0.00 495.00 48
SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 03/03/2011 CITY OF SARATOGA ACCTPA21 TIME: 13:27:39 CHECK REGISTER − DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date=’20110303 00:00:00.000’
ACCOUNTING PERIOD: 9/11 FUND − 009 − DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−BUDGET UNIT −−−−−DESCRIPTION−−−−−− SALES TAX AMOUNT TOTAL CASH ACCOUNT
0.00 255,562.56 TOTAL FUND 0.00 255,562.56 TOTAL REPORT 0.00 255,562.56 49
SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary
Furey SUBJECT: Treasurer’s Report for the Month Ended February 28, 2011 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended February 28, 2011. REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as
the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at
least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with
the legislative body. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General
(Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance
by Fund As of February 28, 2011, the City had $169,977 in cash deposit at Comerica bank, and $13,449,896 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April
20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled
cash balance as of February 28, 2011 is $13,619,873 and exceeds the minimum limit required. Unrestricted Cash Comerica Bank $ 169,977 Deposit with LAIF $ 13,449,896 Total Unrestricted
Cash $ 1 3,619,873 Cash Summary 50
The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash
Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets
less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The
City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in
Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash $ 13,619,873
Plus: Assets 125,566 Less: Liabilities (1,490,552) Ending Fund Balance $ 1 2,254,887 Adjusting Cash to Ending Fund Balance 51
ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/(Decrease) Jul-Jan Current Revenue Current Expenditure Transfers Fund Balance 2/28/11 General
Undesignated Unreserved Balance 1,284,366 (1,287,951) 806,615 940,515 106,000 2 97,116 Reserved Fund Balance: Petty Cash Reserve 1,300 ----1 ,300 Designated Fund Balances: Designated
for Operations 2,889,077 ----2 ,889,077 Designated Economic Uncertainty 1,500,000 ----1 ,500,000 Designated for Development 632,380 (210,000) ---4 22,380 Designated for Environmental
563,182 (50,000) ---5 13,182 Designated for Uncollected Deposits 44,791 ----4 4,791 Designated for Hillside Reserve 300,000 ---(50,000) 2 50,000 Designated for Capital Project Reserve
126,983 -(126,983) -Designated for CIP Matching Grant 600,000 ---(600,000) -Designated for Carryforward 68,600 (68,600) ----Special Revenue Landscape/Lighting Districts 440,391 4,545
-1 3,270 -4 31,666 CDBG Federal Grants (9,621) 138,452 --(63,698) 6 5,133 SHARP Loan 210,034 345 ---2 10,379 Capital Project Street Projects 2,169,661 (485,036) 18,267 4 9,853 390,681
2 ,043,720 Park and Trail Projects 653,881 (97,423) -1 6,613 150,000 6 89,844 Facility Improvement Projects 525,256 (167,497) -1 ,728 751,360 1 ,107,390 Administrative Projects 224,773
(57,593) -1 ,345 -1 65,836 Tree Fine Fund 16,985 (4,438) 2,000 1,342 25,000 38,205 CIP Grant Fund -Street Repair (118,073) (238,716) (2,624) --(359,413) CIP Grant Fund -Park & Trail
(46,013) (257,362) (95) 3 ,593 -(307,063) Gas Tax Fund 279,470 209,532 90,053 5,390 (106,000) 4 67,664 Debt Service Library Bond 892,593 (513,265) ---3 79,328 Internal Service Fund Liability/Risk
Management 244,562 (101,611) 382 2 5,257 (50,000) 68,076 Workers Compensation 198,592 70,556 -4 3,479 (25,000) 2 00,669 Office Stores Fund 26,830 2,817 837 4,716 -25,769 Information
Technology Services 213,940 73,368 -2 1,273 -2 66,035 Equipment Maintenance 54,258 34,306 -8 ,732 -79,832 Building Maintenance 202,570 138,585 -5 1,112 -2 90,043 Equipment Replacement
236,229 71,723 ---(25,000) 2 82,951 Technology Replacement 186,686 28,106 -(1,092) (25,000) 1 90,883 Trust/Agency Library Fund 351,360 ---(351,360) -KSAR -Community Access TV 109,842
(109,748) ---95 Total City 15,074,884 ( 2,876,906) 915,436 1,187,125 -12,254,887 52
ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/10 Increase/(Decrease) Jul-Jan Current Revenue Current Expenditure Transfers Fund Balance 2/28/11 Street
Projects Traffic Safety 168,497 (61,999) -426 106,073 Highway 9 Safety Project 50,008 53,099 --103,107 Annual Street Resurfacing Project 529,434 (237,541) 18,267 39,386 -270,774 Sidewalks
Annual Project 87,092 --5,535 81,557 Saratoga Sunnyvale Road Resurfacing 99,011 ----99,011 Traffic Signal @Verde Vista Lane 90,000 ---90,000 Fourth Street Bridge 100,000 ---100,000 Quito
Road Bridge Replacement Design 9,730 ---9,730 Quito Road Bridge Construction 214,470 ---214,470 Village Façade Program 978 ---978 Solar Power Radar Feedback Signs 24,158 ---24,158 El
Quito Area Curb Replacement 37,553 ---37,553 Sobey Road Culvert Repair 50,000 (31,994) --18,006 Annual Storm Drain Upgrade 53,883 (14,178) -970 38,734 Village Trees & Lights at Sidestreets
25,336 (25,336) ---Prospect Road Median 51,663 (972) --(50,000) 691 City Entrance Sign/Monument 23,788 ---(5,000) 18,788 Padero Erosion Mitigation ----50,000 50,000 Monte Vista Storm
Drain -(63,831) --75,000 11,169 Canyon View/Elva Drain ----35,000 35,000 Village-Streetscape Impv 549,952 (29,653) -3,535 221,983 738,747 Saratoga-Sunnyvale/Gateway Sidewalk 4,107 (72,631)
--63,698 (4,826) Total Street Projects 2,169,661 (485,036) 18,267 49,853 390,681 2,043,720 Parks & Trails Hakone Garden Koi Pond 15,600 --9,875 5,725 EL Quito Park Improvements 27,571
(47) -1,800 25,724 Historical Park Landscape 50,588 (53,097) --(2,509) Hakone Garden Retaining Wall & D/W 142,829 ---142,829 Hakone Garden Upper Moon House 125,000 ---125,000 West Valley
Soccer Field (8,201) ---(8,201) Park/Trail Repairs 23,762 (765) -4,938 18,059 Playground Safety Equipment ----50,000 50,000 Blaney Plaza Improvements -(18,473) --25,000 6,527 Ravenswood
Playground Improvement -(42) --75,000 74,958 Tank Trail Repair 26,731 (25,000) --1,731 Mid Pen O/S Land Purchase 250,000 ---250,000 Total Parks & Trails 653,881 (97,423) -16,613 150,000
689,844 Facility Improvements Facility Projects 81,070 (4,197) -198 160,000 236,675 Civic Center Improvement 20 ----20 Theater Improvement 71,472 14,729 --86,201 Senior Center Minor
Building Improvement 1,050 (1,050) ---Senior Center Furniture & Fixture -(23,569) --(23,569) Portable Building Gutters 2,460 (2,460) ---North Campus Improvements 3,920 (21,938) -1,530
175,000 155,452 HVAC System Upgrade 117,949 (117,016) --932 Corp Yard Solar Project 93,250 ---93,250 Vehicle Structure Solar 125,000 ---125,000 Library Improvement 15,000 (2,684) --351,360
363,676 SPCC Furniture & Fixture 4,065 (3,746) --318 Electric Charging Station ----65,000 65,000 McWilliams House Improvement 10,000 (5,565) --4,435 Total Facility Improvements 525,256
(167,497) -1,728 751,360 1,107,390 Administrative Projects Financial System Upgrade 3,534 ---3,534 Document Imaging Project 85,183 ---85,183 CDD Document Imaging Project 31,989 (671)
--31,318 CMO Document Imaging Project 8,887 (3,266) --5,621 Telecommunication System 55,000 (53,655) 53,655) -1,345 -IT Emergency Power Back 40,180 ---40,180 Total Administrative Projects
224,773 (57,593) -1,345 -165,836 Tree Fine Fund Tree Fine Fund 16,985 (4,438) 2,000 1,342 25,000 38,205 CIP Fund -Street Repair CIP Grant Fund (118,073) (238,716) (2,624) -(359,413)
CIP Fund -Park & Trail CIP Grant Fund (46,013) (257,362) (95) 3,593 (307,063) Gas Fund Gas Tax Fund 279,470 209,532 90,053 5,390 (106,000) 467,664 Total CIP Funds 3,687,624 (1,098,533)
107,600 79,863 1,211,041 3,846,184 53
ATTACHMENT C 54
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant
City Manager SUBJECT: Approval of Agency Agreement for Countywide AB 939 Implementation Fee RECOMMENDED ACTION: Accept report, and authorize the City Manager to approve the Agency Agreement
with the County of Santa Clara for the Countywide AB 939 Implementation Fee. BACKGROUND: To comply with state law and local needs, the County of Santa Clara and fourteen cities cooperated
in the creation of a Household Hazardous Waste ((HHW) Program. Since 1992, all cities except for the City of Palo Alto have contracted with the County to provide HHW services through
an Agency Agreement for Countywide Household Hazardous Waste Collection Program. The Agreement authorizes the County to collect and distribute a fee --collected at landfills, nondisposal
facilities and transfer stations located in Santa Clara County --on each ton of waste brought to the facilities. The fee is then separated and distributed as follows: 1. A Household
Hazardous Waste (HHW) Fee, distributed to the County to implement the Countywide HHW Program; and 2. A Program Fee, distributed to the cities to implement measures related to AB 939,
which requires the reduction of landfilled waste. Each jurisdiction contracts with the County for collection and distribution of AB 939 funds. Therefore, all fourteen cities must approve
the Agency Agreement for Countywide AB 939 Implementation Fees by June 30, 2011. If one or more jurisdictions do not approve this agreement, the AB 939 fee would not be collected after
June 30, 2011. The proposed agreement includes an AB 939 Implementation Fee of $4.10 per ton, which is the same as the 2010-11 fee. FISCAL IMPACTS: There is no direct financial impact
to the City of Saratoga as a consequence of approving this Agreement, since the AB 939 fees are assessed on tonnage brought to landfills, non-disposal facilities and transfer stations.
55
Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Agreement for the Countywide AB 939 Implementation Fee would not be approved and the fee would not be collected
after June 30, 2011. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this
item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Agreement 56
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 1 AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns
of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara,
Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2011. The term CITIES may refer to CITIES collectively or individually. RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing
an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing,
adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide
AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management
plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County;
received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location
within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, state law requires
jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara
County and are necessary services to enable jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient,
and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products
such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and car batteries;
and 57
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 2 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion
the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under
which the COUNTY will collect and distribute the Fee of $4.10 per ton in FY 2012 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist
in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a HHW Fee of
$2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B, attached hereto and incorporated
herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and and participating jurisdictions as described in Exhibit C, attached hereto and incorporated
herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently
transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license,
or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or
business for disposal or incineration outside the County. Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element
(and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the
Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis
using data from tonnage reports filed by landfill and non-disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and
non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the
end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported
to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same
penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set
forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. ////58
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 3 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY
and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste
will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non-disposal facility and again at a landfill within Santa Clara
County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each
of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain
its own insurance coverage, through third party insurance, selfinsurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance
of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the
COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government
Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall
fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities
pursuant to this Agreement. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost
or expenses, expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its
officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole
negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described
in Exhibits B and C within 45 days of receipt of landfill and nondisposal facility payments and disposal documentation required for calculation of Fee 59
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 4 distribution amounts. Distributions shall begin December 15, 2011, and continue quarterly through October 15, 2012.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal Costs will be paid
directly to the Countywide HHW Program as described in Exhibit C, Section 3. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non-disposal
facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received.
Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.
10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this
Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include
but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal
facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation
of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be
performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES
and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 60
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 5 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent
contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of
this Agreement shall be from July 1, 2011 to June 30, 2012, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators
of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2011. Said landfills and nondisposal facilities will be
billed for the Fee through June 30, 2012. 16. NOTICES All notices required by this Agreement will will be deemed given when in writing and delivered personally or deposited in the United
States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance
with this section. City of _______________________________ Contact: _______________________________ Title: _________________________________ Address:_______________________________ County
of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: San Jose, CA 95112 17. CONTROLLING LAW This Agreement
shall be governed and construed in accordance with the laws of the State of California. 61
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 6 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter
hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. 19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN
WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: “COUNTY” “CITY” Signature: CITY OF ____________________________,
A municipal corporation Kevin O’Day By: Director of the Department of Agriculture and Title: Environmental Management Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED BY THE OFFICE
OF THE COUNTY EXECUTIVE _____________________________ ______________________________ Mark Bernal Sylvia Gallegos Deputy County Counsel Deputy County Executive Date:_________________________
Date:___________________________ 62 Saratoga City Manager March 17, 2011
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 7 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby
Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS
LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility ComCare Farms Composting
Facility Environmental Management Systems Facility Green Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc. Premier Recycling Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best
Composting Facility Zanker Materials Processing Facility 63
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 8 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive
$1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly
reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will
be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.
64
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 9 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services
are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW
Fee, $2.60 per ton in FY 2012, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW
Program) services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the
number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department
of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of
HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned Wastes Disposal Costs for FY 2012. C. Variable
Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent “Population Estimates for
California Cities and Counties” Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated
per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly
to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.85 per household in FY 2012. Fixed Program Costs may include, but are not limited to eight (8) CoHHW
Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and
facility maintenance, and union negotiated salary and benefit increases. 65
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 10 3. ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of $95,000 will fund disposal
of HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2012. Therefore it is not necessary to apportion any of the Fee for FY 2012 for abandoned waste disposal
costs. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable
organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles
donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost
Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events.
This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2012. The estimated cost
per car will be adjusted annually to reflect actual service costs. After fixed costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs
to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds,
in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE
AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of fixed
program cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options
for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor
oil collection, universal waste collection, emergency HHW services, funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly
and/or persons with disabilities and neighborhood clean-up events. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions.
CITIES, at their option, may participate in the Countywide HHW Program by entering into into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES
not participating in the Agency Agreement will receive 66
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 11 their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandoned
waste cost, described above. If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate
in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule
an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
and as described in Exhibit D. 67
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 12 EXHIBIT D SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS
AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of
the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or
liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its
officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer,
board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties
hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this
Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment,
or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each
participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating
jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including
insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's
apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored
events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be
shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage
will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY
shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program 68
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2012 13 for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed
hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous
waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from
the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 69
1 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Public Hearing on Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) RECOMMENDED ACTION: Open public hearing; listen to public
testimony; and close public hearing. Consider any objections to proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties.
Adopt proposed Resolution Ordering Abatement (Attachment A) as to properties listed (with modification(s) if any objections are sustained). REPORT SUMMARY: On December 15, 2010 the City
Council adopted a Resolution (Attachment B) declaring hazardous vegetation (weeds) to be a public nuisance. In addition, the adopted December 15, 2010 Resolution set January 5, 2011
as the public hearing date to take evidence regarding objections to the proposed Declaration of Nuisance as to Specific Properties requiring destruction and removal of hazardous vegetation
(weeds). On January 5, 2011 the City Council adopted a Resolution Declaring Specific Properties to be a Nuisance requiring destruction and removal of hazardous vegetation (weeds) (Attachment
D). That January 5, 2011 Resolution also set March 16, 2011 as the public hearing date to take evidence regarding objections to the proposed Declaration of Nuisance as to Specific Properties
requiring destruction and removal of hazardous vegetation (weeds). The County Agricultural Commissioner serves as the Enforcement Officer for the City of Saratoga as to abatement of
hazardous vegetation. The County Agricultural Commissioner mailed a letter dated December 10, 2010 (Attachment C) to previously identified property owners informing them that additional
weed abatement work was required on their property. In addition, the County Agricultural Commissioner will be mailing a courtesy notice to the previously identified property owner’s
mid March reminding them that additional weed abatement work is required on their property. Legal Notice of the Public Hearing on the Order for Abatement has also been duly published
in the March 1, 2011 Saratoga News, with a list of the properties as to which abatement of 70
hazardous vegetation is proposed
to be carried out by the County Agricultural Commissioner. (Attachment E) If this is the property owner’s first year in the Weed Abatement Program, the property owner will be responsible
for a fee of $41.00 per parcel to cover the cost of creating and maintaining a file in the County’s database. If the property owner fails to complete abatement work prior to the County
inspection of the property, the property owner will be responsible for an inspection fee of $250 per parcel and the property will be scheduled for abatement by the County contractor.
If the property owner completes the abatement work before the County contractor, the property owner will not incur further charges beyond those described above. If the abatement work
is completed by the County contractor, the property owner will additionally be assessed the contractor’s charges plus a County administrative fee of $169 per parcel. Nonpayment of the
abatement costs, the inspection fee (if owed) and the administrative fee will result in the same being levied as a special assessment against the property, to be collected at the same
time and in the same manner as ordinary real estate taxes. FISCAL IMPACTS: None to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The abatement of hazardous vegetation in
the City of Saratoga which has not been completed by the property owner will not be conducted by the County Agricultural Commissioner ALTERNATIVE ACTION: None FOLLOW UP ACTION: None
ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News and posted at City Hall. ATTACHMENTS: Attachment A – Proposed Resolution Ordering
Abatement for consideration at the March 16, 2011 Council Meeting Attachment B – Resolution 10-072 from December 15, 2010 Council Meeting Attachment C – First Notice mailed to property
owners – December 10, 2010 Attachment D – Resolution from January 5, 2011 Council Meeting Attachment E – March 1, 2011 Legal Notification to Public 71
RESOLUTION NO. 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS,
hazardous vegetation (weeds and other materials) has been declared by resolution of the City Council to be a nuisance as to specified properties in the City of Saratoga and public hearings
were duly noticed and scheduled for March 16, 2011 for the City Council to consider whether such hazardous vegetation will be ordered abated by the �
� to and collected from the owners of the properties from which
the hazardous vegetation is removed should the property owners themselves fail to do so prior to April 15, 2011; and WHEREAS, the County Agricultural Commissioner has duly given written
notice to all owners of property in the City of Saratoga whose property said Commissioner has found to continue to require abatement of hazardous vegetation; and WHEREAS, pursuant to
said resolution and notice, the Saratoga City Council conducted public hearings on March 16, 2011 with respect to whether such hazardous vegetation will be ordered abated by the County
of Santa Clara Agricultural Commissioner and the cost thereof charged to and collected from the owners of the properties from which the hazardous vegetation is removed should the property
owners themselves fail to do so prior to April 15, 2011; and WHEREAS, at said public hearings all property owners having any objections to the proposed order for abatement were given
reasonable opportunity to object to the proposed order for abatement of hazardous vegetation; and WHEREAS, after consideration of any and all objections to the proposed order for abatement,
the City Council overrules any and all objections and finds that the requisite basis for adopting such order for abatement exist. NOW, THEREFORE BE IT RESOLVED, by the City Council of
the City of Saratoga that: 1. the recitals set forth above are true and correct; and 2. the hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached
hereto continues to be declared a nuisance; and 3. the hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached hereto is ordered abated by the
County of 2011; and 72
4. The owner of each of the properties listed in Exhibit A shall owe and be responsible for payment of all abatement costs imposed by the County on ,
including but not limited to the following: a. Program,
the property owner will be responsible for a fee of $41.00 per parcel to cover the cost of creating and maintaining a file in the b. If the property
owner fails to complete abatement work prior to the County inspection of the property, the property owner will be responsible for an inspection fee of $250 per parcel and the property
will be scheduled for abatement by the County contractor; c. If the property owner completes the abatement work before the County contractor, the property owner will not incur further
charges beyond those described above; d. If the abatement work is completed by the County County contractor, the
plus a County administrative fee of $169 per parcel . 5. Nonpayment of the abatement costs imposed by the County (including but
not limited to those described above) will result in the same being levied as a special assessment against the property, to be collected at the same time and in the same manner as ordinary
real estate taxes. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 16th day of March 2011, by the following vote:
AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: Ann Sullivan, City Clerk 73
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RESOLUTION NO. 10 -072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION (WEEDS) TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING TO CONSIDER
DECLARATION AS TO SPECIFIC PROPERTIES ON JANUARY 5, 2011 WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain streets, sidewalks, highway, roads and private
property; and WHEREAS, said vegetation attains such growth as to become a fire menace or are otherwise noxious or dangerous; and WHEREAS, said vegetation constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That whenever weeds are growing upon or along any street, sidewalk, highway, road and private
property, such weeds constitute a public nuisance and the City Council may declare the same a public nuisance; 2. That said nuisance exists upon certain streets, sidewalks, highways,
roads and private property, within the City of Saratoga and is hereby declared to be a public nuisance; 3. That notice of the Public Hearing described in paragraph 4 below at which the
City Council will consider declaring a public nuisance as to specific properties is hereby ordered to be given to the owners of those specific properties identified as containing hazardous
vegetation (weeds) by the City’s Enforcement Officer and more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report
prepared by and on file in the office of the County Fire Marshal and/or the County Agricultural Commissioner; 4. That it is ordered that on Wednesday, the 5th day of January, 2011, a
Public Hearing will be held during a regular meeting of the Saratoga City Council which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777 Fruitvale Avenue, hereby fixed as
the time and place where objections to the proposed Declaration of Nuisance as to Specific Properties requiring destruction and removal of hazardous vegetation (weeds) shall be heard
and given due consideration; 5. That the County Fire Marshal and/or the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner
and form provided in Article 15, Chapter 7 of the Saratoga City Code, and as the person to hereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance
described above. 78
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 15th day of December 2010, by the following vote: AYES: Councilmember
Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, Mayor Howard Miller NOES: None ABSTAIN: None ABSENT: None Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk
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1 RESOLUTION NO. 11 -001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION WHEREAS,
the Saratoga City Council has declared hazardous vegetation to be a public nuisance by Resolution No. 10-072 adopted December 15, 2010; and WHEREAS, the Office of the County Agricultural
Commissioner subsequently gave notice to all property owners of specific properties he had identified as containing hazardous vegetation (weeds) described by common name or by reference
to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk, and of the County Agricultural Commissioner; and WHEREAS,
said notice informed the owners of the properties specified in Exhibit A attached hereto that the City Council would hold a public hearing on January 5, 2011 to consider any protests
or objections to the declaration of a nuisance on pre-specified properties so as to require the owners of these properties to remove the hazardous vegetation or be subject to a subsequent
order for abatement authorizing the County Agricultural Commissioner to perform the abatement; WHEREAS, a public hearing on said notice was held on January 5, 2011; and WHEREAS, final
action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on the specified
properties listed on Exhibit A attached hereto is declared to be a nuisance and the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in
the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance
as determined in general by resolution dated December 15, 2010, and as to specified properties as determined by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice
specified in the preceding paragraph shall require that owners of the properties identified in Exhibit A to abate the hazardous vegetative nuisance or demonstrate at a public hearing
before the City Council on March 16, 2011 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense. 82
2 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 5th day of January 2011, by the following vote: AYES: Councilmembers
Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, Mayor Howard Miller NOES: None ABSTAIN: None ABSENT: None Howard A. Miller, Mayor ATTEST: Ann Sullivan City Clerk 83
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SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan,
AICP SUBJECT: FY 2011/12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY GRANT FUNDING APPLICATIONS RECOMMENDED ACTION: 1. Make a decision regarding CDBG recommendations and Community
Grant allocations. 2. Approve a transfer of the entire remaining SHARP funds and outstanding loans to the Santa Clara County Housing Rehabilitation Program. DISCUSSION: On March 2, 2011
the Council heard testimony from public supporters and agency representatives seeking Community Development Block Grant (CDBG) and Community Grant funds. A copy of all of the applications
is provided in Attachment 4. Additional information (e.g., audit, financial statements) is available upon request. ADA Projects: The total amount available for affordable housing and/or
ADA projects is expected to be $85,697. The City received two requests for the entire amount. Saratoga Historical Foundation requested $6,200 and the City of Saratoga Facilities Department
requested $79,497. Community Service Programs: The City received 7 applications for community service funding for a total request of $73,677.85. The Saratoga Area Senior Coordinating
Council requested $34,000; West Valley Community Services (WVCS) requested $15,164; Santa Clara Family Health Foundation requested $9,288; Shady Shakespeare Theater Company requested
$5,000; Catholic Charities requested $5,000; KSAR requested $3,100; and the Wildlife Center of Silicon Valley requested $2,125.85. The City expects to receive approximately $31,900 for
CDBG public service projects1. Council policy for Community Grant funding is to match CDBG Public Service funding. Thus, the total amount available for community service programs is
expected to be $63,800.00 and the total shortfall is ($9,877.85). Contingency Plan: CDBG funding is subject to change and the Council should therefore recommend a contingency plan. Last
year, the funds increased and the Council gave the additional public service funds to SASCC and the additional capital improvements funds to the Accessible Signals program. 1 In past
years, the Council has distributed the entire amount of CDBG Community Service funding to one program while funding the other Community Service applicants with Community Grant funds.
This approach eliminates the cumbersome CDBG reporting requirements for the other applicants and decreases the amount of administration required by City staff to distribute CDBG funds.
91
CDBG Administrative Funding: In past years, the City of Saratoga received $15,000 to administer the CDBG program; however, the City will no longer receive this money. Saratoga Housing
Rehabilitation Program (SHARP): In the past few years the City has not received any SHARP applications despite outreach. HUD allows communities to retain 150% of its annual CDBG allocation
but the City currently maintains 232%. Staff recommends the City Council approve a transfer of all remaining SHARP funds and outstanding loans in order to meet the timeliness ratio and
avoid losing future funding. FISCAL IMPACTS: The CDBG funds for FY 2011/12 are federal Housing and Urban Development funds administered by Santa Clara County and allocated to participating
cities. Under the Community Grants program, Council policy is to match CDBG public service funds, which is estimated to be $31,900 this year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: The City’s FY 2011/12 CDBG allocation will remain with the County. ALTERNATIVE ACTION: NA FOLLOW UP ACTION: 1. Forward Council’s CDBG recommendations to the County of Santa Clara
and execute contracts with agencies receiving funding. 2. Approve a transfer of $118,172.77 in unused SHARP funds and $26,000 in unused SHARP administration funds to the Unincorporated
Housing Rehabilitation Program. ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff sent a copy of the application to past applicants and interested individuals in December 2010. The availability
of grant funds was publicized on the City Website and in the Saratoga News in January 2011. Notice of the Public Hearing was properly posted and published in the Saratoga News on February
15, 2011. This item was also posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda
packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS: Attachment 1 – Resolutions Attachment 2 – Allocation Worksheet Attachment 3 – March 3, 2010 Staff Report Attachment 4 – Correspondence from Katherine & Michael Metz 92
RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY
DEVELOPMENT ACT FOR FISCAL YEAR 2011/2012 WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara County to form an Urban County under the Housing and Community
Development Act; and WHEREAS, the City Council finds and determines that the following proposals represent the community development needs in Saratoga; and NOW THEREFORE, BE IT RESOLVED,
that the Community Development Department is hereby authorized to submit a proposal for the expenditure of FY 2011/12 CDBG funds in the amount of $117,597 for the following allocations:
Agency Type Project Amount Requested CDBG Funds Recommended SASCC CDBG (Public Services) Adult Day Care Program $34,000 West Valley Community Services CDBG (Public Services) West Valley
Community Services Comprehensive Emergency Assistance Program $15,164 Catholic Charities of Santa Clara County CDBG (Public Services) Long Term Ombudsman Program $5,000 SUBTOTAL $54,164
$31,900 Saratoga Historical Foundation CDBG (nonpublic service) ADA Ramp -Museum Storage Building $6,200 City of Saratoga CDBG (nonpublic service) Hakone Gardens Lower House ADA Accessible
Ramp and Doors $79,497 SUBTOTAL $85,697 $85,697 GRAND TOTAL $139,861 $117,597 93
The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 16th day of March 2011 by the following vote: AYES: NOES: ABSENT:
ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 94
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING ALLOCATION OF FUNDS FOR THE COMMUNITY GRANT PROGRAM FOR FISCAL YEAR 2011/2012 WHEREAS, the City Council
finds and determines that the following proposals represent the community needs in Saratoga; and NOW THEREFORE, BE IT RESOLVED, that the City of Saratoga hereby authorizes the expenditure
of FY 2011/12 Community Grant funds in the amount of $31,900 for the following allocations: Agency Project Amount Requested Amount Granted Catholic Charities of Santa Clara County Long
Term Care Ombudsman Program $5,000.00 West Valley Community Services Comprehensive Emergency Assistance Program $15,164.00 Saratoga Area Senior Coordinating Council (SASCC) Saratoga
Adult Care Center *$2,100.00 Shady Shakespeare Theater Company Shakespeare in Sanborn Park $5,000.00 Wildlife Center of Silicon Valley Wildlife Rehabilitation and Release and Wildlife
Education and Outreach $2,125.85 KSAR15, Saratoga Community Access Cable TV Foundation KSAR – Saratoga High School Media Arts Mentoring Program $3,100.00 Santa Clara Family Health Foundation
Healthy Kids Program $9,288.00 TOTAL: $41,777.85 $31,900.00 95
RESOLUTION NO. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 16th day of March 2011 by the following vote:
AYES: NOES: ABSTAIN: ABSENT: ______________________________ Howard A. Miller, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 96
Grant /Organization Grant Req. Chuck Emily Howard Jill Manny Concensus CDBG Public Service Grants Grant Req Grant Recv Grant Req Grant Recv Grant /Organization SASCC Adult Daycare $
34,000.00 ------35,000 $ 27,859.00 37,000 $ 28,550.00 SASCC Adult Daycare Catholic Charities (see below) $ 5,000.00 ------5,000 $ -5,000 $ -Catholic Charities (see below) WVCS (see below)
$ 15,164.00 ------15,164 $ -20,000 $ -WVCS (see below) SUBTOTAL Requested/Allocated $ 54,164.00 ------55,164 $ 27,859.00 62,000 $ 28,550.00 Total SUBTOTAL Available $ 31,900.00 31,900
31,900 31,900 31,900 31,900 31,900 (Shortfall) /Excess *carry over $ (22,264.00) 31,900 31,900 31,900 31,900 31,900 31,900 2009/10 2009/10 2010/11 2010/11 Saratoga Community Grants Grant
Req Grant Recv Grant Req Grant Recv Grant /Organization KSAR $ 3,100.00 -----4,617 $ 4,617.00 4,617 $ 1,312.50 KSAR SCFHF Healthy Kids Program $ 9,288.00 -----SCFHF Healthy Kids Program
Shady Shakespeare $ 5,000.00 -----2,500 $ 2,500.00 3,500 $ 687.50 Shady Shakespeare Wildlife Center $ 2,125.85 -------4,212 $ 1,275.00 Wildlife Center SASCC ADC (carried over ) $ 2,100.00
-----7,141 $ 7,141.00 8,450 $ 3,937.50 SASCC ADC (carried over) Catholic Charities (carried over ) $ 5,000.00 -----5,000 $ 5,000.00 5,000 $ 4,000.00 Catholic Charities (carried over)
WVCS (carried over ) $ 15,164.00 -----15,164 $ 15,164.00 20,000 $ 14,912.50 WVCS (carried over) SUBTOTAL Requested/Allocated $ 41,777.85 13,500 $ 13,500.00 4,500 $ 687.50 Saratoga Foothill
Club SUBTOTAL Available $ 31,900.00 31,900 31,900 31,900 31,900 31,900 31,900 47,922 47,922 50,279 26,813 Total (Shortfall) /Excess $ (9,877.85) TOTAL Requested/Allocated $ 73,677.85
$ -$ -$ -$ -$ -$ -TOTAL Available $ 63,800.00 $ 63,800.00 $ 63,800.00 $ 63,800.00 $ 63,800.00 $ 63,800.00 $ 63,800.00 TOTAL (Shortfall) /Excess $ (9,877.85) 2011/12 Community Grant Requests
2009/10 2010/11 2011/12 97
SARATOGA CITY COUNCIL MEETING DATE: March 2, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan,
AICP SUBJECT: FY 2011/12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY GRANT FUNDING APPLICATIONS RECOMMENDED ACTION: 1. Conduct the Public Hearing and accept public testimony
presentations from applicants. 2. Make a decision regarding CDBG recommendations and Community Grant allocations. 3. Approve a transfer of $118,172.77 in unused SHARP funds and $26,000
in unused SHARP administration funds to the Unincorporated Housing Rehabilitation Program. REPORT SUMMARY: Each year the City allocates Community Development Block Grant (CDBG) and Community
Grant funding to community services and programs. CDBG proposals must comply with federal and county requirements with priority given to projects that provide affordable housing, rehabilitation
of affordable housing, and public services which primarily serve lower income clients. CDBG funding has also been available for public improvements to ensure compliance with the Americans
with Disabilities Act (ADA). The availability of 2011-2012 fiscal year CDBG funds was publicized on the City Website and in the Saratoga News. As in past years, CDBG funding is subject
to change and the final amount is expected to be announced prior to the beginning of FY 11/12 (July 1, 2011). The Council should recommend a contingency plan if the funding levels change,
as expected. Last year, the funds increased. At that time, the Council decided to give the additional public service funds to Saratoga Area Senior Coordinating Council (SASCC) and allocate
the additional capital improvements funds to the ADA Accessible Signals program. DISCUSSION: CDBG ADA Public Improvement Funding The total amount available for affordable housing and/or
ADA projects is expected to be $85,697. Staff received an application from the Saratoga Historical Foundation for $6,200 to design and install an ADA compliant ramp for the Saratoga
Museum Storage Building. The City of Saratoga Facilities Department is requesting $79,497 for ADA Compliance Program. The first phase of the project covers the cost of designing, creating,
and installing ADA compliant signs in City of Saratoga buildings and facilities. The second phase covers the cost of design, construction, and installation of ADA compliant public service
counters signs in City of Saratoga buildings and facilities. 98
Community Service Programs Overview Prior to the writing of this staff report, staff received seven (7) applications for community service programs, for a total request of $73,677.85.
The City expects to receive approximately $31,900 for CDBG public service projects. Council policy for Community Grant funding is to match CDBG Public Service funding. Thus, the total
amount available for community service programs would be approximately $63,800.00 and the total funding shortfall would be $9,877.85. CDBG Public Service Funding Three applications,
totaling $54,164, are eligible for CDBG Public Service funding. The Saratoga Area Senior Coordinating Council requested $34,000; West Valley Community Services (WVCS) requested $15,164;
and Catholic Charities requested $5,000. The total amount estimated to be available for CDBG public service projects is $31,900. In past years, the Council has distributed the entire
amount to one program while funding the other public service applicants with Community Grant funds. This approach eliminates the cumbersome CDBG reporting requirements for the other
applicants and decreases the amount of administration required by City staff to distribute CDBG funds. The requested amount remaining to be carried over to the Community Grant funding
program would be $22,264. Saratoga Community Grant Funding Saratoga’s Community Grant funding helps programs that benefit Saratoga residents whether or not they meet CDBG income requirements.
The four applications that are not CDBG eligible include requests for $9,288 from the Santa Clara Family Health Foundation; $3,100 from KSAR; $2,125.85 from the Wildlife Center of Silicon
Valley; and $5,000 from the Shady Shakespeare Theater Company. The total amount requested from these four applications is $19,513.85. The total amount requested, including the $22,264
carried over from CDBG public services project, is $41,777.85. The total amount available for community grants would be $31,900.00 and the total shortfall would be $9,877.85. SUMMARY
OF APPLICATIONS Summaries of each application are listed below. Applications are provided in Attachment 3. Additional information (e.g., audit, financial statements) is available upon
request. Catholic Charities – Long Term Ombudsman Program Catholic Charities submitted a proposal for continued support of the Long Term Ombudsman Program which provides advocacy for
the rights of residents in long term care. The program serves 11,000 clients annually including a minimum of 288 Saratoga residents which represent 2.6% of the total clients served.
The total cost of the program is $342,614. The requested funding is $5,000 which is 1.5% of the total budget to operate the program. Catholic Charities has successfully leveraged funding
through donations and funding at the federal and local level. Catholic Charities continues to apply for CDBG funding from the several other cities it serves. This program received grant
funding from Saratoga for the last 3 years. This program is eligible for both Community Grant and CDBG Public Service funding. 99
SASCC -Adult Day Care Program Saratoga Area Senior Coordinating Council (SASCC) submitted its annual proposal for continued support of the SASCC Adult Day Care Center Program which provides
respite care and social activities for frail elders and their caregivers. The program serves 50 unduplicated clients annually including 25 Saratoga residents which represent 50% of the
total clients served. The total cost of the program is $256,000. The requested funding is $34,000 which is 13.3% of the total budget to operate the Adult Care Center. SASCC has successfully
leveraged funding through donations and annual fundraising efforts in addition to sliding-scale fees. Last year, SASCC also received CDBG funding from the City of Campbell. This program
has received CDBG funding from Saratoga for the past 10 years. This program is eligible for both Community Grant and CDBG Public Service funding. West Valley Community Services – Comprehensive
Emergency Assistance Program West Valley Community Services (WVCS) submitted a a proposal for support of its Comprehensive Emergency Assistance Program which helps clients manage a financial
crisis, maintain self-sufficiency, and find suitable housing and/or employment, among
other services. The program serves 611 clients annually including approximately 67 Saratoga residents which represent 11% of the total clients served. The total cost of the program is
$214,349. The requested funding is $15,164 which is 7.1% of the total budget to operate the program. WVCS has successfully leveraged funding through donations and funding at the federal,
county and local level. WVCS continues to apply for CDBG funding from the several other cities it serves. This program has received grant funding from Saratoga for the past 3 years.
KSAR – Saratoga High School Media Arts Mentoring Program This program is eligible for both Community Grant and CDBG Public Service funding. KSAR15, Saratoga Community Access Cable TV
Foundation submitted a proposal for continued support of the Saratoga High School Media Arts Mentoring Program. The program helps students start a TV broadcasting career through classes
in TV production skills, internship opportunities, and resume and interview techniques. The program will support 22 Saratoga students which is equal to 100% of the students in the program.
The estimated cost for teacher salaries is $5,600. The requested funding is $3,100 which is approximately 55% of the cost to fund teacher salaries. In-kind donations include volunteer
participation by KSAR board members and the time and costs associated with planning, review and coordination by Saratoga High School teachers. The program has also received a grant from
West Valley Solid Waste. This project is being considered under the Community Grant program. It is not eligible for CDBG funding since it does not primarily serve low-income participants.
Santa Clara Family Health Foundation Healthy Kids Program The Healthy Kids Program provides comprehensive health coverage (medical, dental, vision, and mental health) for children with
immigration issues or those who are not eligible for Medi-Cal or Healthy Families because their family income is too high to qualify, yet too low to pay for health care or insurance.
The program serves 6,155 clients annually including approximately 10 Saratoga residents which represent 0.16% of the total clients served. The total cost of the program is $7,326,014.
The requested funding is $9,288 which is 0.13% of the total budget to operate the program. The Healthy Kids Program has applied for funding from various sources including foundations
and governmental agencies/programs. The program has also applied for funding from the several other cities it serves. This project is being considered under the Community Grant program.
It is not eligible for CDBG funding because health care premiums are not an allowed expense. 100
Shady Shakespeare Theater Company The Shady Shakespeare Theater Company (SSTC) submitted a proposal to help fund performances held in Sanborn-Skyline County Park. SSTC’s 2010 productions
of Much Ado About Nothing and The Merchant of Venice were attended by approximately 5,000 people including approximately 500 Saratoga residents which represent an estimated 10% of the
total guests. The total cost of the program is $90,000. The requested funding is $5,000 which is 5.6% of the total cost of the program. This project is being considered under the Community
Grant program. It is not eligible for CDBG funding since it does not primarily serve low-income participants. In addition to receiving funding from grants and future ticket sales, the
program has requested $18,000 from 4 organizations (including Saratoga). Wildlife Center of Silicon Valley The Wildlife Center of Silicon Valley (WCSV) submitted a proposal for wildlife
care, rehabilitation and release, and wildlife education and outreach. Last year, Saratoga residents brought in approximately 100 animals for WCSV services. This represents 2.5% of the
approximately 4,000 injured, sick and orphaned local birds and mammals brought in annually. The total cost of the program is $283,446. The requested funding is $2,125.85 which is 0.86%
of the total cost of the program. This does not include the cost associated with approximately 225 phone calls from Saratoga residents. This project is being considered under the Community
Grant program. It is not eligible for CDBG funding since it does not primarily serve low-income participants. Leveraging for the program includes grants, donations, fees, and investments.
CDBG Administrative Funding In past years, the City of Saratoga received $15,000 to administer the CDBG program; however, the City will no longer receive this money. As discussed at
the March 3 and April 7, 2010 City Council meetings, the Santa Clara County Executive’s Office is retaining $75,000 in administrative funds that was previously dispersed to the Urban
County cities1 . Saratoga Housing Rehabilitation Program (SHARP) In the past few years the City has not received any applications for SHARP funding despite outreach efforts at the West
Valley Community Services Center, the Saratoga Senior Center, the Saratogan Newsletter, and the Saratoga Newspaper. Because no applications have been received, the City of Saratoga has
retained $118,172.77 in SHARP funding since 2004 and 2005. HUD requires that CDBG funding be spent in a timely matter and only allows communities to retain 150% of its annual CDBG allocation.
The City currently maintains 232% of its annual allocation and is in jeopardy of losing future funding in order to meet the HUD timeliness ratio. Staff recommends the City Council approve
a transfer of $118,172.77 in SHARP funds as well as $26,000 in SHARP administration funds that has accumulated over the past several years. The SHARP program is currently administered
by the Santa Clara County Housing and Community Development Department (HCD). The funds would be transferred to the Unincorporated Housing Rehabilitation Program and be available for
applicants to that program. However, any applications for housing rehabilitation in the City of Saratoga would have priority, until the funds are expended. 1 Cities of Campbell, Los
Altos, Los Gatos, Morgan Hill, Saratoga, and the Unincorporated Area of Santa Clara County 101
FISCAL IMPACTS: The CDBG funds for FY 2011/12 are federal Housing and Urban Development funds administered by Santa Clara County and allocated to participating cities. Under the Community
Grants program, Council policy is to match CDBG public service funds, which is estimated to be $31,900 this year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s FY 2011/12
CDBG allocation will remain with the County. ALTERNATIVE ACTION: NA FOLLOW UP ACTION: 1. Forward Council’s CDBG recommendations to the County of Santa Clara and execute contracts with
agencies receiving funding. 2. Approve a transfer of $118,172.77 in unused SHARP funds and $26,000 in unused SHARP administration funds to the Unincorporated Housing Rehabilitation Program.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff sent a copy of the application to past applicants and interested individuals in December 2010. The availability of grant funds was publicized
on the City Website and in the Saratoga News in January 2011. Notice of the Public Hearing was properly posted and published in the Saratoga News on February 15, 2011. This item was
also posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available
at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: Attachment
1 – Grant Request Worksheet Attachment 2 – Transfer Request Attachment 3 – Applications 102
From: katherine metz Sent: Wednesday, March 09, 2011 7:34 AM To: Emily Lo; Manny Cappello Cc: Dave Anderson Subject: Please fund Shady Shakespeare Dear Council members: Please increase
funding for Shady Shakespeare. My husband and I have been Saratoga residents since 1993. Over the years we have greatly enjoyed Shady Shkespeare's free performances in Sanborn Park,
bringing our three children (now teens and young adults) and their friends. To their surprise, they loved the plays as much as picnicking in the lovely outdoor setting, even though most
had never seen Shakespeare before. While Mountain Winery, Montalvo, and other Saratoga programs offer quality performances for a steep price, this unique Saratoga arts program is accessible
to all in the West Valley. As families economize and school arts programs struggle, it is critical that everyone can experience classic theater. The intimate Shady Shakespeare performances
nestled in the redwoods create an appreciation for the arts that will last children a lifetime. Sincerely, Katherine & Michael Metz 19231 Valle Vista Drive 103
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael
Taylor Richard Taylor, City Attorney Jonathan Wittwer, Assistant City Attorney SUBJECT: SummerHill Creekside Homes Pollution Legal Liability Coverage Options RECOMMENDED ACTION: Staff
recommends the Council authorize staff to amend the SummerHill Subdivision Improvement Agreement (SIA) to replace the Pollution Legal Liability (PLL) insurance requirement with alternative
terms described in the Staff Report. REPORT SUMMARY: At the City Council meeting of March 2, 2011, SummerHill Homes asked that the PLL insurance requirement listed in section 13 of the
SIA be deleted and replaced with substitute language indemnifying the City for environmental risks for the project. Council asked that staff return at the next meeting with a recommendation
regarding PLL coverage for the SummerHill Creekside Homes Development, directing staff to investigate the origin of the PLL requirement and comparing Saratoga requirements with what
other public agencies require. The origin was an outside counsel who anticipated that developers would have a grading and storm water subcontractor who would have PLL coverage. Investigation
as to what other public agencies require is ongoing and Staff will provide Council with a more complete perspective on the “Public Agency standard” at the Council meeting. To date only
three cities have responded to our inquiries and none have a PLL requirement in their SIA. San Jose does not require PLL insurance but does require a strong Warranty (Attachment A).
Mountain View requires a very extensive general indemnification which does not specify pollution claims, but appears broad enough to cover them (Attachment B). Staff also again contacted
the ABAG Risk Manager who provided the ABAG PLAN and an email explanation of risk management “Best Practices” that are recommended to all ABAG members (Attachment C). The ABAG “Best
Practices” would result in the current PLL insurance requirement remaining in the SIA. 104
Page 2 of 2 Council could reasonably require either the Public Agency standard or the ABAG Best Practices. This Staff Report recommends the former because this appears to be a relatively
low risk situation (though not risk-free) based on the Modified Phase 1 Environmental Site Assessment (note there is no Phase 2 Assessment). Furthermore, the City will only own the land
where the sidewalks, pathways and other “streetside” improvements are being made, and it already owns that land. The Public Agency standard currently recommended by Staff is as follows:
(1) SummerHill Homes to provide certification as to any and all existing insurance coverage possessed by it or its subcontractor(s) working on earthmoving or storm water as to public
improvement aspects of the project; and (2) SummerHill to provide a Special Provision regarding Indemnification as to Pollution Legal Liability. This indemnification would be limited
to $2,000,000 aggregate and claims filed within ten years of project completion. The indemnification would be provided by SummerHill Creekside LLC and SummerHill LLC (with representations
and warranties as to adequate assets and maintaining records for ten years with City right to inspect if lack of adequate assets is ever claimed). The indemnification would include discharges
by SummerHill, its contractors, subcontractors, employees, agents and third parties. FISCAL IMPACTS: The recommendation to require indemnification or insurance for Pollution Legal Liability
would have no additional fiscal impact on City funds at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no change in the existing agreement and staff would
require Pollution Legal Liability Insurance as stated in the original Subdivision Improvement Agreement. FOLLOW UP ACTION: As directed by Council. ATTACHMENTS: Attachment A – San Jose
Subdivision Improvement Agreement (SIA) Attachment B – Mountain View Indemnification Provision Attachment C -ABAG Risk Management Best Practices – Risk Manager Email and Contractor Selection
and Control 105
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Attachment C (REV. 8/8/00) CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-1 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 -GENERAL 1.01 SUMMARY A. Contractor
shall furnish, install, and maintain temporary facilities and controls as required to perform the Work. B. Materials for temporary facilities and controls shall be adequate for the purposes
specified. C. Materials, installation and maintenance of temporary facilities and controls shall be in compliance with applicable regulatory requirements. D. Remove temporary facilities
and controls, including associated materials and equipment, when their use is no longer required. 1. Restore and recondition areas of the site damaged or disturbed by temporary facilities
and controls or their installation. 2. Remove and properly dispose of debris resulting from removal and reconditioning operations. 1.02 TEMPORARY UTILITIES A. The Contractor, at its
expense and in a manner satisfactory to the Agency Project Manager, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to
measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Agency, the Contractor shall remove all the temporary connections,
distribution lines, meters, and associated paraphernalia. B. Electric Power and Lighting: 1. Distribute electric power and lighting as required for the performance of the Work. C. Heat
and Ventilation: 1. Provide temporary heat as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the
installation and curing of materials, and to protect materials and finishes from damage due to improper temperature and humidity conditions. 2. Portable heaters shall be standard units
complete with controls. 3. Provide adequate forced ventilation of enclosed areas as required for proper installation and curing of materials, to disperse humidity and to prevent hazardous
accumulations of dust, fumes, vapors and gases. 122
Attachment C (REV. 8/8/00) CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-2 4. Pay the costs of installation, maintenance, operation and removal of temporary heat and ventilation,
including costs for fuel consumed. D. Water: 1. Contractor will determine the availability of and provide the necessary water for construction purposes. 2. The contractor, if necessary,
shall install temporary branch piping with taps located so that water for construction purposes is available throughout the Work by the use of hoses. 3. Make potable water available
for human consumption and hand washing. E. Sanitary Facilities: 1. Agency will not provide rest-room facilities on the site. To be provided at contractors expense. 2. Restrooms must
be neat in appearance and kept in a sanitary condition, adequately maintained and supplied. F. Telephone Service: 1. Contractor shall provide on site telephones for his use. G. Fire
Protection: 1. Provide and maintain fire extinguishers, fire hoses and other equipment as necessary for proper fire protection during the progress of the Work. Such equipment shall be
designated for use for fire protection only. 1.03 CONSTRUCTION AIDS A. Scaffolds and Runways: 1. Furnish, erect and maintain for duration of Work, as required, scaffolds, runways, guardrails,
platforms and similar temporary construction necessary for the performance of the Work. Such facilities shall be of type and arrangement required for their specific use, structurally
sound and well secured. 2. Connect the several levels of the structure by means of suitable ladders, ramps and temporary stairs, as necessary or permanent stairways may be used as specified.
Enclose open wells and shafts to prevent injury and damage to persons and adjacent construction and improvements. B. Temporary Enclosures and Protection of Work in Place: 1. Provide
temporary, weathertight enclosures as required to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating,
to prevent prevent entry of unauthorized persons, and to 123
Attachment C (REV. 8/8/00) CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-3 prevent injury and damage to persons and adjacent construction and improvements. a. Provide temporary
exterior doors with self-closing hardware and padlocks. b. Provide removable enclosures as necessary. 1.04 BARRIERS AND ENCLOSURES A. General: 1. Provide and maintain suitable temporary
barriers as required to prevent public entry; protect the Work and existing facilities, persons, and trees and plants from damage or injury from construction operations. 2. Should regulatory
requirements necessitate the construction of temporary barriers, barricades, or pedestrian walkways not indicated or specified, construct same at no increase in Contract Amount. Paint
such items with primer and finish coat in color selected by the Agency Project Manager. 3. Maintain temporary barriers in a structurally sound condition, with an orderly, neat appearance.
4. Relocate as required by the progress of the Work. B. Tree and Plant Protection: 1. Preserve and protect existing trees and plants which are not designated or required to be removed
and those adjacent to the site. 2. Consult with the Agency Project Manager prior to removal of roots and branches which interfere with construction operations. a. Only those items agreed
upon with the Agency Project Manager shall be removed. b. Employ a qualified tree surgeon to perform the removal and to treat cuts. 3. In the proximity of root zones of trees and plants:
a. Prohibit vehicular traffic and parking. b. Prohibit storage of materials and equipment. c. Prevent dumping of refuse and chemically injurious materials and liquids. d. Prevent puddling
and continuous running water. 4. Carefully supervise excavating, grading and filling and subsequent construction operations, to prevent damage. 124
Attachment C (REV. 8/8/00) CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-4 5. At no increase in Contract Amount, replace or suitably repair, trees and plants designated to remain
which are damaged or destroyed as a result of construction operations. 6. Remove soil that has been contaminated during the performance of the Work by oil, solvents and other materials
which could be harmful to trees and plants and replace with suitable soil, at no increase in Contract Amount. 1.05 SECURITY A. General 1. Secure, maintain and protect the Work, stored
materials, equipment and temporary facilities until time of acceptance or such earlier time as Agency may choose to assume such responsibility. 2. Security and protection methods shall
be subject to the Agency Project Manager's approval. 1.06 TEMPORARY CONTROLS A. Dust and Dirt: 1. Conduct Construction operations to prevent windblown dust and dirt from interfering
with the progress of the Work. 2. Periodically water construction areas to minimize the generation of dust and dirt. 3. To additionally minimize the generation of dust and dirt, hauling
equipment and trucks carrying loads of soil and debris shall have their loads sprayed with water or covered with tarpaulins. 4. Prevent dust and dirt from accumulating on walks, roadways,
parking areas and planting and from washing into sewer and storm drain lines. B. Water: Surface and subsurface water and other liquids, shall not be permitted to accumulate in or about
the Project site and vicinity thereof. Should such conditions develop, control the water or other liquid, and suitably dispose of it by means of temporary pumps, piping drainage lines,
troughs, ditches, dams or other methods approved by the Agency Project Manager. C. Pollution: 1. Burning of refuse, debris or other materials is not permitted. 2. Comply with regulatory
requirements and anti-pollution ordinances during the conduct of construction and disposal operations. 1.07 PROJECT IDENTIFICATION AND SIGNS A. General: 125
Attachment C (REV. 8/8/00) CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500-5 1. Signs will not be permitted, unless otherwise approved in advance by the Agency Project Manager.
1.08 FIELD OFFICES AND STORAGE SHEDS A. Contractor's Field Office: Provided at full expense by the Contractor. B. General: 1. Obtain Agency's approval of locations for field offices
and storage sheds prior to commencing site preparation for the structures. 2. Fill and grade sites for field offices and storage sheds to facilitate surface drainage. 3. Construct field
offices and storage sheds on proper foundations and provide connections for utility services. a. Secure portable or mobile buildings against seismic and wind overturning. b. Provide
steps and landings at entrance doors. 4. Perform periodic maintenance and cleaning for field offices and storage sheds, including associated furnishings, equipment and services. 5. Remove
field offices and storage sheds from the site as soon as, in the opinion of the Agency Project Manager, the progress of the Work permits. Removal shall include foundations, steps, landings
and utility services. 6. Grade and restore the portions of the site occupied by the field offices and storage sheds to a condition acceptable to the Agency Project Manager. 7. Properly
remove from the site and dispose of debris resulting from removal and reconditioning operations. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION Not Used. END OF SECTION 126
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant
City Manager SUBJECT: Approval of Agency Agreement for the Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Accept report and authorize: 1. The City Manager
to approve the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste (HHW) Collection Program; 2. Staff to increase the funding augmentation for
the HHW Program from its current level of $40,000, to a recommended level of $50,000 for FY 2011-12. BACKGROUND: This evening on your agenda, you are considering an Agreement with Santa
Clara County for a Countywide AB 939 Implementation Fee. A portion of the proceeds from the AB 939 Fee, assessed at landfills, non-disposal facilities and transfer stations, pays for
a baseline Countywide HHW Collection Program. However, as you may be aware, the HHW portion of the AB 939 fee does not fully cover the costs of providing Countywide HHW management services.
Saratoga residents are very conscientious in properly managing their HHW and, therefore, have a higher service requirement than the baseline program provides. The City of Saratoga (and
a number of other jurisdictions that are party to the HHW Agreement) has chosen in the past to augment the Countywide HHW Program, in order to fully cover the HHW services City residents
desire. HHW volumes managed by the County have continued to increase, particularly as awareness has grown about the environmental consequences of improper HHW management, (i.e. pharmaceuticals
in our water supply) and as additional items, such as fluorescent lamps and batteries, have been banned from disposal at landfills. Anticipating that the need for a higher HHW management
service level will continue for Saratoga, the County is recommending a $50,000 augmentation for FY 2010-11. Saratoga had 744 participants in FY08-09, and 773 participants in FY09-10.
As of the end of February 2011, the City has had 682 participants for FY10-11, with a quarter of the year still remaining. The County anticipates about 920 participants by the end of
the fiscal year, and further anticipates that the City’s current augmentation of $40,000 for this fiscal year will be 127
Page 2 of 2 inadequate. The County projects participation will continue to go up in FY11-12, to an estimated 985, from which the proposed $50,000 augmentation was derived. In order to
continue its participation in the Countywide HHW Collection Program, and to elect to receive this higher level of HHW services, it is necessary for the City to approve the attached Agency
Agreement with Santa Clara County and to direct staff to include a funding augmentation in the FY 2011-12 proposed budget. FISCAL IMPACTS: If the City Council approves the recommended
augmentation, staff will include an appropriation of $50,000 in the proposed FY 2011-12 budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Agency Agreement for the Countywide
Household Hazardous Waste Collection Program would not be approved. The County would not have sufficient funds to cover a higher level of HHW Collection services for Saratoga residents.
ALTERNATIVE ACTION(S): The Council could direct staff to include an alternative amount of of funding augmentation for the HHW program. FOLLOW UP ACTION(S): Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Agreement 128
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the
_______________(CITY) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2011. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless
of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely
dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer,
storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and
economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products,
spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury,
household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring household hazardous wastes
to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the County Board of Supervisors
approved on February 7, 2006 to modify the Countywide Household Hazardous Waste Program to include the collection and management of electronic waste (e-waste) which includes, but not
limited to, radios, televisions, computers, printers, monitors, photocopying machines, fax machines, oscilloscopes, computing accessories; and WHEREAS, the participating jurisdictions
desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2011; and WHEREAS, the participating jurisdictions desire to provide household hazardous
waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide
AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2012 on each ton of waste 129 City of Saratoga
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2 landfilled or incinerated within the county, received at any non-disposal or collection facility located within
the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to
a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county, or removed from any location
in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is
to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating
jurisdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services
are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939
HHW Fee, $2.60 per ton in FY 2012, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services.
Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households
in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic
Research Unit from their most Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit
charitable reuse organizations. The existing fund balance of approximately $95,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2012. C. Variable Cost Per Car
to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent “Population Estimates for California
Cities and Counties” Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction. 130
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3 The projected Fiscal Year 2012 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A, attached
hereto and incorporated herein. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2012. Estimated HHW Fixed Costs for FY 2012 are projected in Attachment B, attached hereto
and incorporated herein. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office
supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE
DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of approximately $95,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations
as defined in Public Resources Code Section 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other
services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately
$67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis, the Variable
Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction,
the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional
services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be be allocated based on the
tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each
jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services,
funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events.
131
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program
(IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5)
years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the
Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 8. PROGRAM PUBLICITY The CoHHW Program
shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community
fairs. The brochure will also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating
citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities
shall include, but not be limited to, the following activities: Serving as the formal contact to the local media such as local newspapers and television news stations; Providing
participating jurisdictions with educational materials developed for the CoHHW Program; Promoting oil and oil filter recycling by developing, purchasing, and distributing educational
materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; Representing the program through
educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and, Providing participating jurisdictions opportunities
to review and comment on the development of countywide outreach materials. CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited
to, the following activities: Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; Developing and
distributing communications to residents for local and city newsletters, newspapers and to the electronic media; Providing the CoHHW Program with a copy of locally produced materials;
and, Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 132
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of
Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate
the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any
contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 10. TEMPORARY
HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events
and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly
receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY
shall conduct collection operations at the following two County Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale, and 13055
Murphy Avenue, San Martin. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses
required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. SMALL
BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within
the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a
cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating
businesses. The fees collected by the COUNTY are established in Attachment D, Santa Clara County CESQG Drop-off Price List. The COUNTY retains the discretion to change the Santa Clara
County CESQG Drop-off Price List at any time to reflect increases or decreases in CoHHW Program costs. 133
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known
organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of
charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned
HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization
as established in Public Resources Code Section 41904, is a nonprofit as defined in Section Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit
or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of
its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of
Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will
accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from
the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of
the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal
of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. HOUSEHOLD HAZARDOUS
WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e), as amended from time to time, and include, but
are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats,
fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products. 16. WASTES NOT ACCEPTED 134
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 7 Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited
to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a
business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative
and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable
cost per car rate), door-todoor HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment
up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2012 for the purpose of increased resident participation above the 4% service level at the scheduled collection
dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate which is estimated at $67.00 per car. Other services
will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above
agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost
statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be
due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual
cost statement. 18. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m.
The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household
materials. CITY will be notified immediately when indicated resident participation approaches the 4% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY
to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized
that some of the 135
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8 jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule
for Fiscal Year 2012 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service
in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 20. OUTSIDE FUNDING During the term of this agreement,
COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding
is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY’s available funding allocation. 21. ELECTRONIC WASTE COLLECTION
The CoHHW Program will accept electronic waste (e-waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the
County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill
50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the
COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 22. REGIONAL GRANT PARTICIPATION The CoHHW Program
is hereby given permission by all participating jurisdictions to apply for future grants from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program
will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with
CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not
apply. 23. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in
the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment
E sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with
information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s 136
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9 responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public
of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little
as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment E, Household Hazardous Waste Emergency
Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control
and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following
the receipt of the invoice. 24. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents
of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident
employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 28 of this Agreement. Summary information concerning
these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 25. INSURANCE REQUIREMENTS Contractors who provide hazardous
waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment F, Exhibit B-2D (revised) Insurance Requirements for Environmental Services
Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from
each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 26. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year
report to CITY regarding participation rates from each participating jurisdiction by March 15, 2012. Mid-year and year end reports will outline the types and quantities of waste collected,
the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing
program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year. It will be assumed for cost and reporting
purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. 137
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary
to cover costs for CITY participation in services scheduled during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Car at approximately $67. 27. PARTICIPATION
REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 28. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding
the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred
by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each
of the other parties, their officers, board members, employees and agents, harmless from from any claim, expense or cost, damage or liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection
with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible
for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's
apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste
has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household
participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the
event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal
facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed
to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate
sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste 138
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 shall be shared by the cities and the county as described above. The nonresident portion shall be determined
by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to
assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned
share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted
by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household
hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted
from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 29. TERMINATION This Agreement may be terminated by either the COUNTY
or CITY upon thirty (30) days written notice given by the terminating
party. 30. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all revenue from the last quarter's Fee payments has been distributed, whichever
is later. 31. EXTENSION OF TERM This Agreement may be extended for succeeding one-year term if COUNTY and participating jurisdictions so agree in writing. 32. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto.
Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating
a partnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be
deemed an original and all of which shall together constitute one and the same instrument. 139
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12 34. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of
California. 35. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 36. NOTICES All notices and communications herein required shall
be in writing to the other party as follows, unless expressly changed in writing: CITY of ______________ City Representative ______________________ Representative's Title ______________________
City Address ______________________ ______________________ ______________________ Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive
San Jose, CA 95112 Attachments: A Projected FY 2012 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for FY 2012 C HHW Schedule of Collection Events
for FY 2012 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan F Exhibit B-2D (revised) Insurance Requirements for Environmental Services
Contracts 140 Saratoga Dave Anderson City Manager 13777 Fruitvale Avenue Saratoga, CA 95070
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below: “COUNTY” “CITY” Signature: CITY OF _____________________, A municipal corporation By: Kevin O’Day Title: Director of the Department of Agriculture
and Environmental Management Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE _____________________________ ________________________ Mark
Bernal Sylvia Gallegos Deputy County Counsel Deputy County Executive Date:_________________________ Date:______________________ 141 Saratoga City Manager March 17, 2011
Attachment A: Projected FY 2012 AB 939 HHW Fee Funding Allocation by Jurisdiction Number of 4% of Total Tons of Waste Annual Fixed Cost Est Variable City Jurisdiction Households HHs
for AB939 Fee Revenue $1.85/HH Cost at Discretionary 6/1/2010 Share $2.60 $67/car Fund Campbell 16,989 680 27,643.8 $71,874 $31,430 $45,531 ($5,086) Cupertino 20,302 812 30,643.47 $79,673
$37,559 $54,409 ($12,295) Gilroy 14,891 596 34,692.78 $90,201 $27,548 $39,908 $22,745 Los Altos 10,887 435 18,636.07 $48,454 $20,141 $29,177 ($864) Los Altos Hills 3,151 126 2,029.80
$5,277 $5,829 $8,445 ($8,997) Los Gatos 12,989 520 18,181.90 $47,273 $24,030 $34,811 ($11,567) Milpitas 19,412 776 50,393.21 $131,022 $35,912 $52,024 $43,086 Monte Sereno 1,267 51 841.25
$2,187 $2,344 $3,396 ($3,552) Morgan Hill 12,977 519 26,628.54 $69,234 $24,007 $34,778 $10,448 Mountain View 33,840 1,354 54,737.97 $142,319 $62,604 $90,691 ($10,976) Palo Alto 28,445
1,138 54,483.74 $141,658 $76,233 $65,425 San Jose 314,309 12,572 566,186.94 $1,472,086 $581,472 $842,348 $48,266 Santa Clara 44,944 1,798 112,522.99 $292,560 $83,146 $120,450 $88,963
Saratoga 11,105 444 14,020.75 $36,454 $20,544 $29,761 ($13,852) Sunnyvale 55,782 2,231 88,768.14 $230,797 $103,197 $149,496 ($21,895) Unincorporated 28,218 1,129 39,378.60 $102,384 $52,203
$75,624 ($25,443) Countywide Totals 629,508 25,180 1,139,790 $2,963,454 $1,111,967 $1,687,081 $164,406 Fiscal Years 2012 at 4% of Households 14 142
FIXED COST FY 2012 Staff Salary And Benefits HMPM,Sr. HMS, .5 AMA, 3 HMT,Acct, Sr MA $846,225 County Admin Overhead 20% of Salary above $169,245 County Counsel $10,000 Phones and Communications
$10,000 Facilities Lease Costs Sunnyvale $30,000 Vehicle Lease Costs $28,000 Software License $5,000 Office Supplies and postage $6,000 Maintenance $5,000 Staff Training $2,500 ESTIMATED
ANNUAL TOTAL $1,111,970 ATTACHMENT B Estimated HHW Program Fixed Costs For Fiscal Year 2012 15 143
2011/Month Day Date Location Type of Event County Holidays/Notes July Saturday 2 No Event No Event FOURTH OF JULY Friday 8 San Martin Permanent Saturday 9 San Martin Permanent Saturday
16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Santa Clara Temporary August Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary
Saturday 20 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent September Saturday 3 No Event No Event SEPT 5/LABOR DAY Saturday 10 San Jose Temporary
Saturday 17 Sunnyvale Permanent Saturday 24 Santa Clara Temporary October Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Saturday 8 No Event No Event OCT 10/COLUMBUS
DAY Saturday 15 Sunnyvale Permanent Saturday 22 San Jose Temporary Saturday 29 Cupertino Temporary November Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday 12
San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event THANKSGIVING December December Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9
San Martin Permanent Saturday 10 San Martin Permanent Saturday 17 San Jose Temporary Saturday 24 No Event No Event CHRISTMAS 2012/Jan Saturday 31 No Event No Event NEW YEARS Friday 6
San Martin Permanent Saturday 7 San Martin Permanent Saturday 14 San Jose Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary ATTACHMENT C: HHW SCHEDULE OF COLLECTION
EVENTS FOR FISCAL YEAR 2012 144 16
2012/Month Day Date Location Type of Event County Holidays/Notes February Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Friday 10 San Martin Permanent Saturday 11 San
Martin Permanent Saturday 18 Sunnyvale Permanent Saturday 25 San Jose Temporary March Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9 San Martin Permanent Saturday
10 San Martin Permanent Saturday 17 Sunnyvale Permanent Saturday 24 San Jose Temporary Saturday 31 No Event No Event CESAR CHAVEZ DAY April Friday 6 San Martin Permanent Saturday 7 San
Martin Permanent Saturday 14 Los Altos Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary May Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday
12 San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event MAY 28/MEMORIAL DAY June Friday 1 San Martin Permanent Saturday 2 San Martin Permanent Friday 8 San
Martin Permanent Saturday 9 San Martin Permanent Saturday 16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Milpitas Temporary *SUBJECT TO CHANGE 11/3/2010 ATTACHMENT
C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012-continued 145 17
Attachment D: SANTA CLARA COUNTY CESQG DROP-OFF PRICE LIST MOTOR OIL FREE ANTIFREEZE, TRANSMISSION FLUID, HYDRAULIC FLUID $3.00/GAL CAR BATTERIES $5.00 EACH PCB BALLASTS (MOST TODAY
ARE NON-PCB-->GOES TO E-WASTE RECYCLER) $2.00/LB MIXED BATTERIES (Li-Ion batteries must be taped) AEROSOL CANS $1.25 EACH POURABLE LIQUIDS: ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, MEK,
$7.OO/GAL KEROSENE, DIESEL, CLEAN PAINT THINNER (SLUDGE FREE) CHARGED BY LIQUID AMOUNT (BULKED) $8.00/GAL CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2/QUART CONTAINER POURABLE
LIQUIDS WITH SOLIDS: INK (LIQUID), FLUX, OIL & WATER, $10/GAL DIRTY PAINT THINNER (W/SLUDGE), MACHINE OIL, COMPRESSOR OIL CHARGED BY LIQUID AMOUNT $10.00/GAL CHARGED BY CONTAINER, REGARDLESS
OF AMOUNT OF PAINT $2/QUART CONTAINER ADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, EPOXY PART A (RESIN), $2/QUART CONTAINER INK(POWDERED), EPOXY, RESINS $10/1 GAL CONTAINER CONTAINER
CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL $50/5 GAL CONTAINER LAB CHEMICALS, POISONS, BASES, ACIDS, NON-CORROSIVE AQUEOUS SOLUTIONS, $20/1 GAL CONTAINER, GLUTARALDEHYDE, PHOTOCHEMICALS,
NEUTRAL CLEANERS, $100/5 GAL CONTAINER, COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL (LIQUID) OR FILTERS, ABSORBENT, CONTAMINATED SOIL, CHLORINATED LIQUIDS,
REFRIG. OIL, $2/LB (SOLID) FREON, COLD STERILE, VAPO STERILE, CONTAMINATED OIL, DEGREASER, EPOXY PART B (HARDENER), MERCURY WASTE, ASBESTOS, ETC CONTAINER CHARGE, PRICE REGARDLESS OF
AMOUNT OF MATERIAL PAINT RELATED MATERIALS (OILY RAGS, FLAM LIQUIDS SMALLER THAN 1 GALLON,ETC) $10/GAL CONTAINER PROPANE TANKS 16.4 OZ/$5 OR 5 GAL/$10 EA TREATED WOOD REFER TO LANDFILLS
PAINT CHIPS $11.55/GAL FLUORESCENT TUBES + MUST BE BOXED AND LABELED SODIUM & HID BULBS + MUST BE BOXED AND LABELED COMPACT FLUORESCENT BULBS (U, Circ, CFL) FIRE EXTINGUISHERS $10 SMALL
& $20 LARGE FIXER & DEVELOPER + DO NOT MIX $15/GAL CONTAINER MINIMUM CHARGE FOR ANY DROP-OFF regardless of type or quantity of waste $40.00 HOURLY OFFICE/SITE FEE (PER HOUR WHEN APPLICABLE)
$40.00/HR. PRICES AS OF 3/13/2009. PRICES SUBJECT TO CHANGE. FOR QUESTIONS PLEASE CALL (408) 299-7300. $2/LB DESCRIPTION OF WASTES ESTIMATE COST FLAMABLE LIQUIDS W/SOLIDS LATEX/WATERBASED
OIL BASE PAINT HAZARD CATEGORY RECYCLE AEROSOL FLAMABLE LIQUID W/O SOLIDS + MUST BE BOXED AND LABELED LAB PACK PRM LATEX PAINT $0.15/FT OTHER $2 EA $1.50 EA LAB PACK 146 18
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment E HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household
Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment
describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by
the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC)
for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon
as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service service too soon after a disaster may result in low participation. Sufficient
public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification Cities should be prepared
to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency
collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should
evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements,
and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances
Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special
collection of household hazardous waste, from DTSC through their expedited approval process. 147 19
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the
HHW Program’s hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City. Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household
hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event,
waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County
shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies
to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
San Martin, 13055 Murphy Ave, San Martin 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and
billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment
to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed
accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste
collected to demonstrate that the wastes were generated above and beyond existing collection programs. 148 20
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will
assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city’s responsibility to pursue reimbursement from State
or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of
the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local
jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow
Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding
available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through
the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages
and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures
and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional
FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government
on disaster debris management, January 1997. 149 21
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental
Health Household Hazardous Waste Program Rob D’Arcy Hazardous Materials Program Manager 408-918-1967 Responsibility: Coordinate and establish proper collection and disposal methods for
household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento,
CA 95832 916/262-1843 916/262-1841 (voice/TDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) CHEMTREC Emergency number (800)
424-9300 Non-emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate
emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety
specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. 150 22
EXHIBIT B-2D (revised) Rev. 4/2002 1 INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
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 arising 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 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 Coverage Prior
to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed
by the insurance carrier shall accompany the certificate. 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. Qualifying 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 Manager. 151 Attachment F 23
EXHIBIT B-2D (revised) Rev. 4/2002 2 C. Notice of Cancellation All coverage as required herein 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 Clara or their designated agent. D. Insurance Required 1. Commercial
General Liability Insurance -for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence -$1,000,000 b. General aggregate -$2,000,000
c. Products/Completed Operations aggregate -$2,000,000 d. Personal Injury -$1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c.
Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional
Insured Endorsement, which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County
of Santa Clara, individually and collectively, as additional insureds.” 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. Public Entities may
also be added to the 152 24
EXHIBIT B-2D (revised) Rev. 4/2002 3 additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 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. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous
materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
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 aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad
form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution
Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal
injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such
as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage
contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. 153 25
EXHIBIT B-2D (revised) Rev. 4/2002 4 c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made
Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting
of circumstances or incidents that might give rise to future claims. E. 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 to this Agreement, including but not limited to the provisions concerning
indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this
shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial
capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under
this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its
own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity
Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that
all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 154 26
EXHIBIT B-2D (revised) Rev. 4/2002 5 countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of
the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has
been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 155 27
1 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Kate Bear, Arborist ACTING DIRECTOR: Christopher
Riordan SUBJECT: Report to Council on Criteria and Process for Adopting Heritage Trees RECOMMENDED ACTION: Adopt the attached resolution, thereby creating a process and criteria for
the designation of heritage trees in Saratoga. BACKGROUND: The City of Saratoga has many majestic, old trees of a variety of species. These trees provide beauty and stateliness to the
city, along with all of the usual benefits provided by trees. The benefits of trees are many, and include providing oxygen, removing carbon dioxide from the atmosphere, preventing erosion
on hillsides, cooling homes with shade from their canopies, adding to property values, and increasing the aesthetics of streets and neighborhoods. Creating a list of heritage trees is
consistent with Saratoga’s vision for the City, which includes preserving the City’s historic assets, including trees, raising tree awareness of community members,
and maintaining a small-town, picturesque, residential atmosphere. In the summer of 2010, Council formed an ad hoc tree committee to research and discuss several issues relating to trees,
including heritage tree status. The committee’s findings were presented to Council at the November 3, 2010 meeting. At this meeting, Staff was directed to discuss the topic of creating
a Heritage Tree List at the Council retreat on January 28, 2011. At the Council retreat, Staff was directed to consult the Heritage Preservation Commission (HPC) to assist in developing
criteria and procedural requirements in order to establish a Heritage Tree List. Council further directed that 1) listed trees would not be subject to any regulations beyond those for
protected trees as stipulated in City Code Article 15-50; and 2) trees added to the list should have the written consent of the owner. The HPC was informed of Council’s direction at
their February 8, 2011 meeting and they discussed the process and criteria at their March 8, 2011 meeting. 156
2 DISCUSSION: In order for the adoption of heritage trees to be consistent with the Saratoga City Code, the selection and screening process should adhere to that defined in Section 15-50.020
(k) (1)) of the Tree Regulations, which states that, “a heritage tree is any tree of historic significance or having historic value related to the heritage of the City and designated
by action of the City Council upon recommendation of the Heritage Preservation Commission”. In keeping with these standards, the HPC is making the following recommendations to the City
Council: 1. Heritage Tree Application Requirements The following exhibits would be required: a) Letter requesting Heritage Tree Designation, signed by the applicant and property owner,
and stating why the tree meets the criteria for Heritage Tree status. b) Location Map – A map showing where the property is located, including major roadways and landmarks. c) Schematic
drawing or photos of the property with sufficient detail to identify the tree location. d) Photographs of the proposed heritage tree. e) Such additional exhibits and information as may
be required by the City Arborist, Community Development Department, or Heritage Preservation Commission. 2. Heritage Tree Criteria Trees must meet the criterion for being an outstanding
specimen (in good health with a good structure and the potential for a remaining long life) as determined by the City Arborist, and also meet at least one additional criteria listed
below: a) The tree possesses distinctive characteristics such as age, size, type of species, or location; and/or b) The tree represents special aesthetic, social, cultural, educational,
economic, agricultural or historic importance to the community. 3. Heritage Tree Designation Process The application shall be reviewed by the HPC, with guidance from the City Arborist,
to determine if the proposed Heritage Tree meets the required criteria. If the City Arborist and the HPC determine that a tree qualifies for heritage status, the application will be
brought to the Council for designation of the tree as a Heritage Tree via adoption of a resolution. The Heritage Tree List could be publicized and periodically updated, and a copy of
it kept on file in the Planning Department. 4. Heritage Tree Protections The Heritage Tree List would not subject trees to any additional regulations beyond those listed under the Tree
Regulations in the City Code, Article 15-50. It is assumed that a majority of trees designated for Heritage Status would already be protected under the City’s existing Tree Regulations.
Protection of Heritage Trees will continue to be administered at the Staff level by the City Arborist. Determinations by the City Arborist can be appealed for review by the Planning
Commission, per City Code Section 15-90.010. 157
3 5. Heritage Tree Recognition Along with inclusion in the Heritage Tree List, the HPC may determine that additional recognition be given to the property owners of a Heritage Tree. Recognition
could be in the form of acknowledgement at Arbor Day celebrations, a plaque, a proclamation, or some other form of honor bestowed by the City. The HPC recommends that the City bear costs
for staff time, creation of a certificate, and creation of a Heritage Tree List. If a plaque is desired by the owner of the tree, they will be responsible for the cost of the plaque.
FISCAL IMPACTS: Costs will be incurred by the City to review a Heritage Tree application. Those costs include City Arborist and Planning Staff time. Furthermore, depending on the type
of recognition recommended by the HPC for a designated Heritage Tree, costs may be associated with a plaque or other form of acknowledgement. These costs will be determined by City Council
when it considers the master fee schedule in April 2011, and costs for a plaque will be borne by the property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Saratoga will continue
to have no designated Heritage Trees, and trees will continue to be protected as specified in the Tree Regulations, City Code Article 15-50. ALTERNATIVE ACTION: Provide staff with alternative
direction. FOLLOW UP ACTION: Direct staff accordingly. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made
available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS:
(1) Tree Regulations (2) Resolution to City Council 158
RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE PROCESS AND CRITERIA FOR THE HERITAGE TREE INVENTORY WHEREAS, the City of Saratoga Heritage
Preservation Commission was established by the City Council in 1982 to assist with and encourage the preservation of Saratoga heritage resources; and WHEREAS, the City Council of Saratoga,
at the January 28, 2011 Council Retreat, selected the Heritage Preservation Commission to consider and develop a process and criteria for the adoption of Heritage Trees; and WHEREAS,
Section 15-50.020 (k) (1) of the Saratoga City Code defines a “Heritage Tree” as any tree of historic significance or having historic value related to the heritage of the City and designated
by action of the City Council upon recommendation of the Heritage Preservation Commission; and WHEREAS, the Council has determined that the initiation of Heritage Tree status should
be voluntary and with the written consent of the owner(s) of the tree and impose no additional additional regulatory requirements beyond those specified in Article 15-50 of the Saratoga
City Code; and WHEREAS, the Council has determined that the process for creating a Heritage Tree List will include an application, review and determination by the City Arborist and the
Heritage Preservation Commission, and approval by the City Council; and WHEREAS, the Council has determined that for a tree to qualify for Heritage status, it must considered to be an
outstanding specimen that possesses good health, good structure and has the potential for a long life, as well as one or more of the following criteria; (1) it possesses distinctive
characteristics such as age, size, type of species or location; and (2) it represents special aesthetic, social, cultural, educational, economic, agricultural or historic importance
to the community; and WHEREAS, the Council has determined that owners of heritage trees shall be honored at Arbor Day celebrations, with a certificate or with some other appropriate
recognition of the tree’s uniqueness; and WHEREAS, the Heritage Preservation Commission recommends to the City Council that this process and these criteria be adopted for use in determining
Heritage Tree status; and 159
WHEREAS, the Heritage Preservation Commission recommends to the City Council that all costs for the adoption of Heritage Trees be borne by the City, except for costs associated with
the creation of a plaque, which shall be borne by the property owner; and WHEREAS, the Heritage Tree List will be periodically updated, by recommendation of the Heritage Preservation
Commission and resolution of the City Council, as additional heritage trees become known and documented; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saratoga hereby adopts
the process and criteria for the creation of a Heritage Tree List for Saratoga. PASSED AND ADOPTED by the City Council of Saratoga, State of California, on the 16th day of March 2011
by the following roll call vote: AYES: NOES: ABSENT: Howard A. Miller, Mayor City of Saratoga Attest: Ann Sullivan, CMC City Clerk, City of Saratoga 160
Article 15-50 -TREE REGULATIONS* 15-50.010 15-50.020 (a) (b) (c) (d) Saratoga, California, Code of Ordinances >> Chapter 15 -ZONING REGULATIONS >> Article 15-50 -TREE REGULATIONS* >>
Sections: 15-50.010 -Findings; purposes of Article. 15-50.020 -Definitions. 15-50.030 -Application of Article. 15-50.040 -Street trees. 15-50.050 -Removal of certain trees without permit.
15-50.060 -Exceptions. 15-50.070 -Application for permit. 15-50.080 -Determination on permit. 15-50.090 -Development or improvement projects. 15-50.100 -Appeals. 15-50.110 -No liability
upon City. 15-50.120 -Setback of new construction from existing trees. 15-50.130 -Arborist Report. 15-50.140 -Tree Preservation Plan. 15-50.150 -Tree fund. 15-50.160 -Enforcement. 15-50.170
-Violations; penalties and remedies. 15-50.180 -Tree Companies, operating in the City. 15-50.190 -Possession of an approved tree removal permit. -Findings; purposes of Article. The City
Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which
is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare
of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air,
maintain the climatic balance and decrease wind velocities. To complement and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing
the privileges of private property ownership, the City Council adopts the ordinance codified in this Section to establish basic standards and measures for the maintenance, removal, and
replacement of trees. Thus, the ordinance codified in this Section is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage
values, and to enhance the unique aesthetic character and environment of this City. (Amended by Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) -Definitions. For the purposes
of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:
Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts. Approving body means the body having authority to approve or deny an application and includes the
Planning Commission and the Community Development Director. Arborist Report means a report prepared by a certified arborist and accepted by the Community Development Director containing
specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual
lot or project site. 161
(e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) Bond or security deposit means a financial instrument which guarantees a future condition and may
include an irrevocable letter of credit or cash. Canopy or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip
line. Crown means the portion of the tree above the trunk including the limbs and foliage. DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured
at four and one-half feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference /3.142 To
measure trees with multi-stem trunk, the tree diameter equals the full diameter of the largest trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is
measured at four and one-half feet above the ground while standing on the high side of the tree. Damage means any action undertaken which causes short-term or long-term injury, death,
or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction,
excavating, paving or installing impervious surface within the root zone of a protected tree. Destroy means to cause the premature decline of tree health or life as evaluated and determined
by the City Arborist. Dripline means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of
the tree's branches as seen from overhead. Encroachment means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning
in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage
of materials or equipment, or the construction of structures or other improvements within the root zone of a tree. Heritage tree means any tree of historic significance as a tree having
historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. ISA Standards means the 2001
Edition of the Pruning Standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. Native
tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus
dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). Oak means any native
oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting
of such trees pursuant to and as part of the operation of a licensed nursery business. Project site means the site of the proposed tree removal, pruning, or encroachment affecting a
protected tree. Protected tree has the meaning set forth in Section 15-50.050. Pruning means any and all work performed on or adversely affecting the roots, branches or limbs of a protected
tree. Remove and removal mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on
the canopy or root zone. Root zone means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree
canopy and extending beyond the dripline of the tree by five feet or such greater distance determined by the City Arborist. Routine maintenance means actions needed for the continued
good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. Street tree means any tree within the Public Street or right-of-way. Shrub
means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Community Development Director, after consultation with the
City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. Structural pruning means pruning to maintain the size of lateral branches to less
than threefourths the diameter of the parent branch or trunk. 162
(z) (aa) 15-50.030 15-50.040 (a) (b) (c) 15-50.050 (a) (b) (c) (d) (e) (f) 15-50.060 Tree means a woody perennial plant characterized by having a main stem or trunk, or a multistemmed
trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed
nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. Tree fund means a City-held monetary account accounted
for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments, civil penalties, bonds or other remedial funds
or sources of funds for violations of Article 15-50 of this Code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.170, as prescribed
by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community
Development Director, on public properties, streets, easements and dedicated open spaces. Tree Preservation Plan means a detailed plan containing all protective measures to be implemented
before, during, and, after any encroachment or other activity affecting one or more protected trees including provision for future maintenance, to preserve and protect all trees to be
retained on a project site. (Amended by Ord. 226 § 2 (part), 2003) -Application of Article. This Article shall apply to every owner of real property within the City, and to every person
responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose. (Amended by Ord. 226 § 2 (part), 2003)
-Street trees. Policies and standards. The Community Development Director shall implement policies and standards for street tree planting and maintenance as established from time to
time by resolution of the Planning Commission or City Council. Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted
under this Chapter. Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance
responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct
but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such property shall be responsible
for the maintenance of street trees on the property and in the public rightof-way abutting the property. (Amended by Ord. 226 § 2 (part), 2003) -Removal of certain trees without permit.
Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon
any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article
and authorizing the proposed action. A protected tree shall consist of any of the following: Any native tree having a DBH of six inches or greater Any other tree having a DBH of ten
inches or greater. Any street tree, as defined in Section 15-50.020(v), regardless of size. Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size. Any tree required
to be planted or retained as a condition of any approval granted under this Chapter or Chapter 14 of this Code. Any tree required to be planted as a replacement, as provided in Section
15-50.170 of this Article. (Amended by Ord. 226 § 2 (part), 2003) -Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: 163
(a) (b) (c) 15-50.070 (a) (b) (c) (d) 15-50.080 (a) (1) (2) (3) (4) (5) (6) (7) (8) (9) (b) Emergencies. If the condition of a tree presents an immediate hazard to life or property,
it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer,
or the fire department having jurisdiction. Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action
as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. Project approval. Where removal
of a protected tree or encroachment upon one or more protected trees has been specifically authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of
this Code, no permit pursuant to this Article shall be required for such activity, provided the Community Development Director determines in writing that the criteria specified in sections
15-50.080 and 15-50.120 and 15-50.140 have been met. Any protected tree authorized for removal, pruning or encroachment pursuant to such project approval shall not be removed, pruned
or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. (Amended by Ord. 226 § 2 (part), 2003) -Application for
permit. Application. Application for a tree removal pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application
shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment
and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the
owner of said property shall include a statement that the owner consents to the activity described on the permit application. Notice. Prior to acting on an application for a tree removal
permit affecting one or more protected trees, notice shall be given to property owners within one hundred fifty feet at the time of application, at least ten days before a decision on
the permit is made. Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) any given growth
period or year of any protected tree. Pruning shall not exceed twenty-five percent of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards,
or for the pruning of productive agricultural trees. Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of
which is at least partially located on a neighboring property. (Amended by Ord. 226 § 2 (part), 2003) -Determination on permit. Criteria. Each application for a tree removal pruning
or encroachment permit shall be reviewed and determined on the basis of the following criteria: The condition of the tree with respect to disease, imminent danger of falling, proximity
to existing or proposed structures and interference with utility services. The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious
surfaces on the property. The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly
on steep slopes. The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values,
erosion control, and the general welfare of residents in the area. The age and number of healthy trees the property is able to support according to good forestry practices. Whether or
not there are any alternatives that would allow for retaining or not encroaching on the protected tree. Whether the approval of the request would be contrary to or in conflict with the
general purpose and intent of this Article. Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section
15-50.010. The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. Additional recommendations. The
Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish
a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community 164
(c) (d) 15-50.090 (a) (b) (c) 15-50.100 (a) (b) 15-50.110 15-50.120 Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit
is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the
sole expense of the applicant. Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a
permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted
of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security
deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. Security
deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with
the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least
five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in
public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City
Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170
cannot be made on on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. (Amended by Ord. 226 § 2 (part), 2003) -Development
or improvement projects. Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of, pruning of, or encroachment upon a protected
tree, the City shall take into consideration the provisions of this Article in granting or denying the application. Project approval. Removal of, pruning of, or encroachment upon any
protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50.140 and be evaluated according
to the criteria in Section 15-50.080. Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of
or an increase in pruning of or encroachment upon any protected tree, the provisions of this
Article shall apply. (Amended by Ord. 226 § 2 (part), 2003) -Appeals. Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community
Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of this Chapter. Any
permit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15-90 of this Chapter unless the permit is appealed.
If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the permit or reverses the denial, the permit shall take effect immediately upon the decision
of the Planning Commission unless appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. Where an application for a tree removal permit
has been granted and the Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community
Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Article 15-90 of this Chapter. (Amended by Ord. 226 § 2 (part), 2003) -No
liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner or occupant of any
private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. (Amended by Ord. 226 § 2 (part), 2003)
-Setback of new construction from existing trees. Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed
or installed within the root zone of any protected tree without mitigating 165
15-50.130 15-50.140 (a) (b) (c) (d) (e) 15-50.150 (a) (b) 15-50.160 (a) special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment
or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist.
(Amended by Ord. 226 § 2 (part), 2003) -Arborist Report. An Arborist Report shall be required for any application for discretionary development approval that would require the removal
of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. The Community Development Director may
require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist required by the Community Development
Director shall be at the sole expense of the applicant. (Amended by Ord. 226 § 2 (part), 2003) -Tree Preservation Plan. A Tree Preservation Plan shall be required for any project approved
pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient
scale but no larger that twenty feet to the inch, with any details to be shown at least ten to the inch) to clearly indicate all protection and mitigation measures to be taken as required
by the Community Development Director and/or the Arborist Report for the project. When a project has been submitted for approval pursuant to Chapters 14, 15, or 16, there shall be no
permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the Community Development Director and the required protection measures
are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise
required by the City and shall not be removed until authorized by the Community Development Director. The Tree Preservation Plan and any permits for tree removal shall be maintained
at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. At least three scheduled inspections shall
be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction
or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation. Other inspections may be conducted
as required by the Community Development Director. (Amended by Ord. 226 § 2 (part), 2003) -Tree fund. Purpose and source of funds. A tree preservation fund shall be established for the
City for the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratively
imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations of this Article. In addition, payments required for replacement trees pursuant to
Section 15-50.170, as prescribed by the Community Development Director, or as a condition of development approval, or from payments made from a security deposit or bond, shall be held
in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any
such trees. Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced
on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality,
size, height, location, appearance, and other significant beneficial characteristics of the removed tree/s. The City Arborist shall calculate the value of the removed tree/s in accordance
with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which is hereby adopted by reference. (Amended by Ord. 226 § 2 (part), 2003) -Enforcement.
166
(b) (c) 15-50.170 (a) (1) (2) (A) (B) (3) (b) (c) (d) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties,
monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow-up action. Stop work orders. Whenever any activities
are in violation of the provisions of this Article, applicable tree permit/s, Tree Preservation Plans, or conditions of project approval, a Building Inspector, Public Works Director,
Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature
of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and any remaining activity approved
by the City. Cumulative remedies. All remedies in this Section shall be cumulative and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) -Violations; penalties and remedies.
The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and an infraction. As either a public nuisance or an infraction,
the violation shall be subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the
following: Requiring that the violator obtain a tree removal, pruning or encroachment permit for the previously conducted unlawful activity, including one or more of the following conditions
as appropriate: the violator shall replace each unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices
and, in the opinion of the Community Development Director, will provide equivalent value in terms of cost (as determined pursuant to the City Arborist's calculation of the value of the
removed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and environmental quality, size, height, location, appearance and other characteristics
of the unlawfully removed tree; or where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental
quality of removed tree/s on site, the violator shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of
the value of the removed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: To the extent that
a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if
replacement trees are planted; and To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory
to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs
incidental to the planting and care of the replacement trees; or Where the unlawful activity did not result in tree removal, but did result in tree damage, the violator shall enhance
the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Community Development Director, will provide equivalent value
in terms of damage to the tree(s), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; provide equivalent
enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equivalent value of the unlawful damage to
the tree). Any person who is required to plant replacement trees pursuant to this Section shall permanently maintain such trees in a good and healthy condition, for a minimum of five
years to ensure permanent establishment of any such tree/s, as determined by the City Arborist. Such person shall post a maintenance bond or security deposit in a form prescribed by
the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. As part of a civil action brought
by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. Where the violation has resulted in
removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed unless the replacement value of a tree un awfully
removed is greater than five thousand dollars which case the civil penalty for removal of that tree shall equal the replacement value (excluding installation) of the tree. 167
(e) (f) 15-50.180 15-50.190 Payment (to the extent authorized by law and determined appropriate by the Community Development Director) of any criminal, civil, administrative, or other
penalty or restitution order into the Tree Fund. The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping,
construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. All remedies provided in this Section shall be cumulative
and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) -Tree Companies, operating in the City. Any business, which performs structural pruning or tree removal on protected trees
in the City, must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on staff, in a supervisory position for the accomplishment of such work. (Amended
by Ord. 226 § 2 (part), 2003) -Possession of an approved tree removal permit. Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his or her possession
a copy of the approved permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced conduct shall
produce the approved permit. If the person cannot produce the approved permit, all activity shall be suspended until a permit can be produced or obtained from the Community Development
Department. (Amended by Ord. 226 § 2 (part), 2003) http://library.municode.com/print.aspx?clientID=16616&HTMRequest=http%3a%2f%2flib... 3/3/2011 168
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: March 16, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant
City Manager SUBJECT: Comments on Proposed Changes to 408 Area Code RECOMMENDED ACTION: Accept report and authorize the Mayor to submit comments to the State of California Public Utilities
Commission (CPUC) concerning proposed changes to the 408 area code. REPORT SUMMARY: Recently, the City received a letter (Attachment #1) from John M. Leutza, Director, Communications
Division of the CPUC. The CPUC is seeking input concerning potential changes to the 408 area code. According to the CPUC website, there are a limited number of potential combinations
of prefixes that can be used with each area code. Even with the implementation of “telephone number conservation measures”, the potential combinations of prefixes that can be used with
the 408 area code are anticipated to be exhausted during the third quarter of 2012. Two options related to the 408 area code are being considered: 1. An “Overlay” (see attached map –
Alternative #1): Retains the same area code for currently assigned numbers Assigns a new area code – 669 – for new numbers within the same geographic area Requires dialing 1
+ the area code (either 408 or 669) with every call made 2. A “Split” (see attached map – Alternative #2) Splits a geographic region into new, smaller sub-regions Retains the existing
408 area code for one sub-region Assigns a new area code to the other sub-region The CPUC is holding public meetings about these options on March 16, 17 and 18. Times and locations
of the meetings are provided as the last page of Attachment #1. In addition, written comments about options for the 408 area code may be submitted to the CPUC. Mayor Joe Pirzynski, Town
of Los Gatos, is encouraging collective action by the West Valley Cities. Los Gatos sent a letter (Attachment #2) to the CPUC, expressing its preference to retain 408 as the split area
code for for the West Valley, Santa Clara and Downtown San Jose core of Silicon Valley. In the letter, Los Gatos stated its second preference would be the overlay approach, adding a
new area code covering all of the existing 408 area. 169
Page 2 of 2 Staff is requesting direction from the City Council about: 1. Whether you would like to authorize the Mayor to send a letter to the CPUC expressing the City’s preference
for one of the options proposed for the 408 area code; and 2. What option is preferred by the Council? If so directed, staff will prepare a letter for the Mayor’s signature. Staff will
be attending the Local Jurisdiction Meeting on March 16, 2011 at 2:00 p.m. in the San Jose City Hall Council Chambers, and will provide any additional updates that evening, at your March
16th meeting. FISCAL IMPACTS: Should the CPUC designate the 669 area code for Saratoga, there will be some staff time and material expenses associated with changing the area code on
official City correspondence, the website, and other materials referencing the area code. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: The City Council could
decide not to send written comments to the CPUC concerning proposed changes to the 408 area code. FOLLOW UP ACTION: Undertake Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment 1: Letter from CPUC
(last page has community meeting dates/times) Attachment 2: Letter from Mayor Pirzynski to the CPUC 170
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