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Home My WebLink AboutPacket.pdfTable of Contents Agenda 3 Commendations Honoring Redwood Middle School Math Club Students staff report 9 commendation 11 Men’s Health Month Proclamation Staff Report 12 Attachment A: Men’s Health Month Proclamation 14 Commendations Honoring Nine Outgoing Youth Commissioners Staff Report 15 Commendation 17 Commendation 18 Commendation 19 Commendation 20 Commendation 21 Commendation 22 Commendation 23 Commendation 24 Commendation 25 Appointment of Four Youth Commissioners and Oath of Office Staff Report 26 Resolution No. 11-020 29 Resolution No. 542-2 31 Resolution of Appointment 2011 33 Oaths of Office 34 City Council Regular Meeting Minutes – May 18, 2011 Staff Report 38 Minutes 39 Review of Accounts Payable Check Registers Council Register Report 48 Check Register - May 12, 2011 50 Check Register - May 20, 2011 54 Treasurer’s Report for the Month Ended April 30, 2011 Treasurers Report for the Month Ended April 30, 2011 58 Fiscal Year 2011/12 Gann Appropriation Limit Gann Limit Report & Resolution 63 Adoption of Fiscal Year 2011/12 Operating & Capital Budget and the Environmental Impact Assessment for new CIP projects Budget Adoption Report & Reso 67 Environmental Impact Assessment 76 Government Financial Officers Association Awards GFOA Award Report 78 CAFR Award 80 1 Budget Award 81 Resolution Naming City Representatives to the ABAG PLAN Board Resolution Naming City Representatives to the ABAG PLAN Board 82 Updated Extension of Joint Use Agreement with Los Gatos – Saratoga Union High School District Updated Extension of Joint Use Agreement with Los Gatos – Saratoga Union High School District 84 Contract Renewal for Geotechnical Consulting Services Staff Report 86 Independent Contractor Agreement 88 Contract Renewal for Municipal Traffic Engineering Staff Report 118 1. Contract 120 General Plan Amendment Clarifying Scope of the Commercial Residential Land Use Designation and Amending the Land Use Map to Designate the Property at 22480 & 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) Staff Report 141 Attachment 1: Resolution Amending the General Plan Land Use Element 144 Attachment 2: Plannnig Commission Staff Report - May 11, 2011 148 Attachment 3: Draft PC Action Minutes - May 11, 2011 151 Extension of the Conditional Use Permit (CUP) Reimbursement Incentive Program Staff Report 153 Council authorization to refund the City of Saratoga's 2001 General Obligation Bonds Council Authorizaiton Report 157 Refunding Analysis 160 Preliminary Official Statement 167 Council Resolution 201 Fall Issue of The Saratogan Staff Report 207 Attachment A: The Saratogan 2011 spring/summer issue 209 Let’s Move City Ad Hoc Committee Staff Report 213 Attachment A: Let's Move Cities and Towns - Toolkit for Local Officials 215 Attachment B: Santa Clara County Communities Putting Prevention Together (CPPW) Obesity Prevention Grant Strategies 255 2 Wednesday, June 01, 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 May 26, 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. Commendations Honoring Redwood Middle School Math Club Students Recommended action: Present commendation. 2. Men’s Health Month Proclamation Recommended action: Read and present the proclamation declaring June 2011 as Men’s Health Month in the City of Saratoga. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 3 3. Commendations Honoring Nine Outgoing Youth Commissioners Recommended action: Present commendations. 4. Appointment of Four Youth Commissioners and Oath of Office Recommended action: Adopt the attached resolution appointing four (4) members to the Youth Commission and direct the City Clerk to administer the Oath of Office. 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 – May 18, 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 payment cycles: May 12, 2011 May 20, 2011 7. Treasurer’s Report for the Month Ended April 30, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended April 30, 2011. 8. Fiscal Year 2011/12 Gann Appropriation Limit Recommended action: Review report and adopt resolution approving the Gann Appropriations Limit for FY 2011/12. 9. Adoption of Fiscal Year 2011/12 Operating & Capital Budget and the Environmental Impact Assessment for new CIP projects Recommended action: 1. Adopt resolution approving the Proposed FY 2011/12 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to minor corrections, carry forward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 2. Adopt attached Environmental Impact Assessment for new projects included in the FY 2011/12 CIP update. 4 10. Government Financial Officers Association Awards Recommended action: That Council review report and accept the Governmental Finance Officers Association awards for the City of Saratoga’s Fiscal Year 2009/10 Comprehensive Annual Financial Report (CAFR) and Fiscal Year 2010/11 Operating and Capital Budget. 11. Resolution Naming City Representatives to the ABAG PLAN Board Recommended action: Adopt Resolution designating employees to the Association of Bay Area Government (ABAG) Pooled Liability Assurance Network (PLAN) Corporation Board of Directors. 12. Updated Extension of Joint Use Agreement with Los Gatos – Saratoga Union High School District Recommended action: Accept report and authorize City Manager to sign and execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. 13. Contract Renewal for Geotechnical Consulting Services Recommended action: Approve a two-year contract renewal with Cotton, Shires, and Associates, Inc. for Geotechnical Engineering Services and authorize City Manager to execute the same. 14. Contract Renewal for Municipal Traffic Engineering Recommended action: Approve a two-year contract with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize City Manager to execute the same. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 15. General Plan Amendment Clarifying Scope of the Commercial Residential Land Use Designation and Amending the Land Use Map to Designate the Property at 22480 & 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) Recommended action: Staff recommends that the City Council accept the recommendations of the Planning Commission and approve the attached resolution amending the General Plan Land Use Element to clarify the permitted locations of high density mixed use projects in the Commercial Residential land use designation. (The resolution would also adopt the General Plan amendment amending the Land Use Map to designate the property at 22480 and 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) as directed by Council at its April 20, 2011 meeting.) 5 OLD BUSINESS 16. Extension of the Conditional Use Permit (CUP) Reimbursement Incentive Program Recommended action: Staff recommends that the City Council extend the Conditional Use Permit Reimbursement Incentive Program to June 30, 2012. 17. Council authorization to refund the City of Saratoga's 2001 General Obligation Bonds Recommended action: Council to review report and consider adopting the attached resolution to authorize the refunding of the 2001 General Obligation (GO) Bonds. 18. Fall Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 19. Let’s Move City Ad Hoc Committee Recommended action: Accept report and develop a Let’s Move City Ad Hoc Committee to prepare and recommend a plan that meets the objectives of the Let’s Move! initiative. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee 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 6 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 CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 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, Debbie Bretschneider, Deputy 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 May 26, 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 26th day of May 2011 at Saratoga, California. Debbie Bretschneider Deputy City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 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 RECESS 8/3 RECESS 8/17 Regular Meeting -- 9/7 Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting –Joint meeting with Saratoga/Monte Sereno Community 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 -- Joint meeting with Heritage Preservation Commission and Historical Foundation 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 8 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Commendations Honoring Redwood Middle School Math Club Students RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: Attached is a commendation for the Redwood Middle School Math Club Students: Sean Shi, Landon Chow, Kristine Zhang, and Kevin Chiang. All four competed in the State of California Mathcounts competition and Sean Shi competed in the Mathcounts National competition. They were trained by Saratoga High School teacher, P.J. Yim. 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. 9 ATTACHMENTS: Attachments – Copy of Commendations. 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING REDWOOD MIDDLE SCHOOL MATH CLUB STUDENTS – “SSEEAANN SSHHII,, LLAANNDDOONN CCHHOOWW,, KKRRIISSTTIINNEE ZZHHAANNGG && KKEEVVIINN CCHHIIAANNGG” WHEREAS, four members in the Redwood Middle School Math Club, Sean Shi, Landon Chow, Kristine Zhang, and Kevin Chiang, competed at the Mathcounts Chapter competition in Santa Clara Valley in February 2011, and won the second place team award; and WHEREAS, the same four math club members were selected to participate in the Mathcounts State competition in March 2011, and won the third place team award while competing with the best teams from each California region; and WHEREAS, Sean Shi was selected to represent the State of California in the Mathcounts National competition in May 2011, and won the first place team award; and WHEREAS, the Redwood Middle School Math Club students representing the winning teams were trained throughout the year by Saratoga High School math teacher, P.J. Yim and Saratoga High School student volunteers; and WHEREAS, members in the math club have brought home numerous outstanding math competition awards during the past year including: team first place in California Math League contest, team second place in the Santa Clara Valley Mathematics Association Field Day (SCVMA), and team third place in Bay Area Mathematical Olympiad; and WHEREAS, with their enthusiasm and dedication, the math club students have not only boosted their confidence and interest in mathematics, they have also developed excellent math skills that will serve them well throughout their lives. NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council does hereby recognize and commend the Redwood Middle School Math Club team members for their outstanding performance in the local, state, and national mathematics competitions. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ____________________________ Howard A. Miller, Mayor 11 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Men’s Health Month Proclamation RECOMMENDED ACTION: Read and present the proclamation declaring June 2011 as Men’s Health Month in the City of Saratoga. BACKGROUND: Despite advances in medicine and health care, men live on average six years less than women. A healthy lifestyle, preventative health screening, and education can help increase the life expectancy of men in the United States. Consequently, Men’s Health Month is celebrated throughout the nation during the month of June to create greater awareness of the health issues that men face and how they can be prevented or treated. The proclamation will be accepted by: - Bido Baines, Executive Director of Urology Services and the Men’s Health Program at El Camino Hospital Los Gatos - Dr. Edward Karpman, Co-Medical Director of the Men’s Health Program at El Camino Hospital Los Gatos FISCAL IMPACTS: There are no financial impacts to the City of Saratoga for proclaiming June 2011 as Men’s Health Month. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The proclamation will not be presented and June will not be designated as Men’s Health Month. ALTERNATIVE ACTION(S): N/A 12 Page 2 of 2 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 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: Men’s Health Month Proclamation 13 CITY OF SARATOGA PROCLAMATION JUNE 2011 AS MEN’S HEALTH MONTH IN THE CITY OF SARATOGA WHEREAS, despite advances in medicine, men live on average six years less than women with African-American men having the lowest life expectancy; and WHEREAS, educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems may result in reducing rates of mortality from disease; and WHEREAS, men who are educated about the value of preventative health may be more likely to participate in health screenings; and WHEREAS, regular doctor visits are essential for serious men’s health issues, including colon and prostate cancer, to be detected early; and WHEREAS, the threat of other conditions, such as high blood pressure, diabetes, high cholesterol and heart disease, can be reduced by eating nutritious foods, exercise, and maintaining a healthy lifestyle; and WHEREAS, men that take responsibility for their health serve as an example to their families and encourage their loved ones to follow in their steps; and WHEREAS, the City of Saratoga seeks to help its residents to sustain a healthy way of life; and WHEREAS, there are 13 parks containing 67 acres of developed parkland in the City of Saratoga where residents can participate in a wide range of unstructured and organized physical activities; and WHEREAS, there are 13 miles of trails in Saratoga and the City is actively working to expand its extensive trail network to make easier for Saratoga residents to walk, run, and bike; and WHEREAS, the City of Saratoga Recreation and Facilities Department offers a wide range of health and fitness classes, from tap dance to tai chi, lacrosse, and aerial yoga, to encourage citizens of all ages and interests to be physically fit; NOW, THEREFORE, I, Howard A. Miller, Mayor of the City of Saratoga, do hereby proclaim June 2011 as Men’s Health Month in the City of Saratoga, and urge all citizens to remind their fathers, brothers, husbands, grandfathers, sons, and other loved ones to make their health a priority this month and all year long. _________________________ Howard A. Miller, Mayor City of Saratoga 14 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Commendations Honoring Nine Outgoing Youth Commissioners RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations honoring outgoing Youth Commissioners for their dedicated service to the Youth Commission: Kevin Mu, Lauren Kuan, Aditya Dev, Troy Estes, Lauren Tang, Natasha Morgan-Witts, Priyanka Nookala, Ali Wilson, and Vishal Goel. 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. 15 ATTACHMENTS: Attachments – Copy of Commendations. 16 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““KKEEVVIINN MMUU”” FOR HIS SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Kevin Mu was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Kevin has demonstrated his leadership skills and capabilities while participating on the following: 2010-2011: Public Relations Committee including writing an article that was published in the Saratoga News. 2009-2010: Endorse Saratoga Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Kevin Mu is hereby commended and thanked for his hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes him well in his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 17 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““LLAAUURREENN KKUUAANN”” FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Lauren Kuan was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Lauren has demonstrated her leadership skills and capabilities while participating on the following: 2010-2011: Civic Engagement Committee 2009-2010: Endorse Saratoga Committee including organizing two trips to Sacred Heart Community Service. WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Lauren Kuan is hereby commended and thanked for her hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes her well in her future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 18 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““AADDIITTYYAA ““DDII”” DDEEVV”” FOR HIS SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Aditya Dev was first appointed to the Saratoga Youth Commission in June 2008; and WHEREAS, Aditya has demonstrated his leadership skills and capabilities while participating on the following: 2010-2011: Civic Engagement Committee 2009-2010: Hunger Banquet & Special Events Committee 2008-2009: Special Events WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Aditya Dev is hereby commended and thanked for his hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes him well in his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 19 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““TTRROOYY EESSTTEESS”” FOR HIS SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Troy Estes was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Troy has demonstrated his leadership skills and capabilities while participating on the following: 2010-2011: Special Projects & Events Committee 2009-2010: Hunger Banquet, Filmfest & Concert Committees WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Troy Estes is hereby commended and thanked for his hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes him well in his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 20 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““LLAAUURREENN TTAANNGG”” FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Lauren Tang was first appointed to the Saratoga Youth Commission in June 2007; and WHEREAS, Lauren has demonstrated her leadership skills and capabilities while participating on the following: 2010-2011: Vice-Chair, Special Projects & Events Committee and assisted recruiting volunteers for the Rotary Art Show 2009-2010: Secretary, Endorse Saratoga Committee, Hunger Banquet Committee, 2008-2009: Secretary, Special Events Committee 2007-2008: Publicity Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Lauren Tang is hereby commended and thanked for her hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes her well in her future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 21 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““NNAATTAASSHHAA MMOORRGGAANN--WWIITTTTSS”” FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Natasha Morgan-Witts was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Natasha has demonstrated her leadership skills and capabilities while participating on the following: 2010-2011: Special Projects & Events Committee 2009-2010: In the Park & Hunger Banquet Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Natasha Morgan-Witts is hereby commended and thanked for her hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes her well in her future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 22 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““PPRRIIYYAANNKKAA NNOOOOKKAALLAA”” FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Priyanka Nookala was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Priyanka has demonstrated her leadership skills and capabilities while participating on the following: 2010-2011: Special Projects & Events Committee 2009-2010: Public Relations Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Priyanka Nookala is hereby commended and thanked for her hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the Saratoga City Council wishes her well in her future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 23 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““AALLII WWIILLSSOONN”” FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Ali Wilson was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Ali has demonstrated her leadership skills and capabilities while participating on the following: 2010-2011: Special Projects & Events Committee 2009-2010: In the Park & Hunger Banquet Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Ali Wilson is hereby commended and thanked for her hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes her well in her future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 24 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ““VVIISSHHAALL GGOOEELL”” FOR HIS SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Vishal Goel was first appointed to the Saratoga Youth Commission in June 2009; and WHEREAS, Vishal has demonstrated his leadership skills and capabilities while participating on the following: 2010-2011: Special Projects Committee and assisted with the Teen Friendly Business Award 2009-2010: Public Relations Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Vishal Goel is hereby commended and thanked for his hard work and dedication on the Youth Commission. BE IT FURTHER RESOLVED, that the City Council wishes him well in his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of June 2011. ______________________ Howard A. Miller, Mayor City of Saratoga 25 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: SUBJECT: Appointment of Four Youth Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing four (4) members to the Youth Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: On April 6, 2011, Council adopted Resolution No. 11-020 (attached) reaffirming the adoption of Resolution No. 542-2 (attached) relating to the terms of office, meeting time, and other matters concerning the Youth Commission. The newly adopted resolution (Resolution No. 11–020) amends and restates Resolution No. 542-2, thereby, decreasing the current number of commissioners serving on the Youth Commission from nineteen (19) to eleven (11) effective April 6, 2011. As a result of this action, there were a total of four (4) vacancies on the commission effective July 1, 2011. In addition, Resolution No. 11-020 prohibits consecutive full terms for Commissioners appointed to the Commission after April 6, 2011. The City Council recently conducted interviews to fill the four (4) vacancies on the Youth Commission resulting from expired terms of Kevin Mu, Lauren Kuan, Aditya Dev, Troy Estes, Lauren Tang, Vishal Goel, Natasha Morgan-Witts, Priyanka Nookala, Sarah Tang, Ali Wilson and Mercedes Chien. Council appointed Ruchi Pandya and Sokena Zaidi to the Youth Commission and re-appointed Mercedes Chien and Sarah Tang to the Youth Commission. The terms for these commissioners will be July 2011 to July 2013. Upon direction from the City Council the Oath of Office will be administered by the City Clerk and signed by the new Commissioners. The administered Oaths of Office will be effective July 1, 2011. FISCAL IMPACTS: N/A 26 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Youth Commission. 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 – Resolution No. 11-020 Attachment – Resolution No. 542-2 Attachment – Resolution of Appointment for July 2011 Attachment – Oaths of Office (4) 27 28 29 30 31 32 RESOLUTION NO. 11 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO NEW MEMBERS AND THE REAPPOINTMENT OF TWO MEMBERS TO THE YOUTH COMMISSION WHEREAS, on April 6, 2011, Council adopted Resolution No. 11 – 020 reaffirming the adoption of Resolution No. 542-2 relating to the terms of office, meeting time, and other matters concerning the Youth Commission; and WHEREAS, newly adopted Resolution No. 11 – 020 amends and restates Resolution No. 542-2, thereby decreasing the current number of commissioners nineteen (19) to eleven (11) effective April 6, 2011; and WHEREAS, as of July 1, 2011, four vacancies were created on the Youth Commission resulting from the expired terms of Kevin Mu, Lauren Kuan, Aditya Dev, Troy Estes, and Lauren Tang; and WHEREAS, Commissioners Vishal Goel, Natasha Morgan-Witts, Priyanka Nookala, Sarah Tang, Ali Wilson, and Mercedes Chien, were eligible for re-appointment; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made for terms beginning July 2011 and expiring: Mercedes Chien (reappointment) 07/2013 Sarah Tang (reappointment) 07/2013 Ruchi Pandya 07/2013 Sokena Zaidi 07/2013 The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 1st day of June 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: ____________________________ Date: Ann Sullivan, City Clerk 33 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. __________________________ Mercedes Chien, Youth Commissioner Subscribed and sworn to before me on this 1stday of June 2011. __________________________ Ann Sullivan, CMC City Clerk 34 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. __________________________ Sarah Tang, Youth Commissioner Subscribed and sworn to before me on this 1stday of June 2011. __________________________ Ann Sullivan, CMC City Clerk 35 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. __________________________ Ruchi Pandya, Youth Commissioner Subscribed and sworn to before me on this 1stday of June 2011. __________________________ Ann Sullivan, CMC City Clerk 36 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. __________________________ Sokena Zaidi, Youth Commissioner Subscribed and sworn to before me on this 1stday of June 2011. __________________________ Ann Sullivan, CMC City Clerk 37 SARATOGA CITY COUNCIL MEETING DATE: June 1, 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 – May 18, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the May 18, 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 May 18, 2011, City Council Regular Meeting. 38 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING MAY 18, 2011 The City Council met in Closed Session in the Administrative Conference Room at 5:00PM. The City Council held a Joint Meeting in the Administrative Conference Room at 6:00 p.m. with members of the Parks and Recreation Commission and Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC). Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked Boy Scouts from Troop 535 that were present, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: Emily Lo ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Administrative Services Director Michael Taylor, Recreation and Facilities Director John Cherbone, Public Works Director Chris Riordan, Interim Community Development Director 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 May 18, 2011, was properly posted on May 12, 2011. MAYOR’S REPORT ON CLOSED SESSION Mayor Miller noted there was nothing to report form Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Denise Goldberg, member of the Parks and Recreation Commission, provided a brief report on the Joint Meeting held with the City Council at 6:00 p.m. COUNCIL DIRECTION TO STAFF None 39 2 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Kim Firm, Director of the Santa Clara County 211 program, thanked the Council for their continued support of the 211 program. In addition, she provided an informational synopsis of the 211 program, an outreach program of United Way in Silicon Valley. Marty Goldberg addressed the Council regarding a house remodel that is in progress at 12369 Saraglen Drive. Denise Goldberg addressed the Council regarding a house remodel that is in progress at 12369 Saraglen Drive. COUNCIL DIRECTION TO STAFF Council directed staff to: o Review the application submitted for a remodel project at 12369 Saraglen Drive to see if all administrative procedures and processes were correctly followed. o Conduct a technical review to determine if there was a procedural or administrative error made in the issuance of the remodel permit. o Direct the building inspector to insure that the proposed remodel construction is in accordance with the plans that were approved. o Results of permit review to be completed by late Friday of the current week, if possible, or early the following week. Vice Mayor Page also suggested that Planning Department staff consider future remodel permit applications to see if they fit in the neighborhood. Councilmember Hunter also suggested that consideration be given to surrounding properties of the approved permitted application property. ANNOUNCEMENTS Councilmember Hunter noted that the Saratoga Senior Center’s Italian dinner is on Friday evening, May 20th. In addition, Councilmember Hunter noted the Heritage Day event is scheduled for 12:00 noon to 3:00 p.m. on Saturday, May 21st, and on Sunday, May 22nd is the community band concert. Councilmember Cappello noted the Wine Stroll, sponsored by the Chamber of Commerce, is on Saturday, May 21st from 3:00 p.m. until 6:00 p.m. Mayor Miller noted that the Petanque Court dedication is on Saturday, May 21st, at 10:00 a.m. at Azule Park. In addition, he noted the Saratoga Recreation Department has a large number of summer camps available for youth as well as programs for adults. 40 3 CEREMONIAL ITEMS 1. PROCLAMATION HONORING “NATIONAL FOSTER CARE – MONTH OF MAY 2011” STAFF RECOMMENDATION: Read and present proclamation. Foster parent Lisa Traxler was present to receive the proclamation recognizing “National Foster Care – Month of May 2011”. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. CITY COUNCIL REGULAR MEETING MINUTES – MAY 4, 2011 STAFF RECOMMENDATION: Approve minutes. Councilmember Cappello removed this item for one correction. CAPPELLO/PAGE MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – MAY 4, 2011 AS AMENDED. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 3. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: April 28, 2011 May 6, 2011 PAGE/CAPPELLO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: APRIL 28, 2011 AND MAY 6, 2011. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 4. AMENDMENTS TO SECTIONS 7-20.220, 14-70.080, 16-17.160 AND VARIOUS SECTIONS OF CHAPTER 15 (ZONING REGULATIONS) OF THE CITY CODE STAFF RECOMMENDATION: Waive the second reading and adopt the proposed ordinance. ORDINANCE NO. 284 41 4 PAGE/CAPPELLO MOVED TO WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 5. REVIEW OF FINAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT (JPA). STAFF RECOMMENDATION: Approve CDBG Joint Exercise of Powers Agreement and Cooperation Agreement (JPA). RESOLUTION NO. 11 – 031 PAGE/CAPPELLO MOVED TO APPROVE CDBG JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT (JPA). MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 6. CONTRACT RENEWAL FOR ENVIRONMENTAL AND PLANNING CONSULTING SERVICES STAFF RECOMMENDATION: Approve a two-year contract renewal with LSA Associates and Metropolitan Planning Group for environmental and planning contract services and authorize the City Manager to execute the same. PAGE/CAPPELLO MOVED TO APPROVE A TWO-YEAR CONTRACT RENEWAL WITH LSA ASSOCIATES AND METROPOLITAN PLANNING GROUP FOR ENVIRONMENTAL AND PLANNING CONTRACT SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 7. EXTENSION OF JOINT USE AGREEMENT WITH LOS GATOS – SARATOGA UNION HIGH SCHOOL DISTRICT STAFF RECOMMENDATION: Accept report and authorize City Manager to sign and execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. Councilmember Hunter removed this item for clarification regarding the original agreement allowing public use of the swimming pool in the Aquatic Center at Saratoga High School during open hours. Recreation and Facilities Director Michael Taylor was present to provide clarity to Councilmember Hunter’s questions. 42 5 DIRECTION TO STAFF: Council directed staff to research the original agreement allowing public use of the Aquatic Center at the Saratoga High School during open hours. HUNTER/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE THE AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF FACILITIES WITH LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT. MOTION PASSED 3-1-1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER LO ABSENT. 8. SEVERANCE LANGUAGE SIDE LETTER AGREEMENT WITH SARATOGA MANAGEMENT ORGANIZATION STAFF RECOMMENDATION: Accept severance language side letter agreement with Saratoga Management Organization. PAGE/CAPPELLO MOVED TO ACCEPT SEVERANCE LANGUAGE SIDE LETTER AGREEMENT WITH SARATOGA MANAGEMENT ORGANIZATION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 9. SARATOGA AVENUE AND FRUITVALE AVENUE OVERLAY AND REHABILITATION PROJECT ESPL-5332(015) – NOTICE OF COMPLETION. STAFF RECOMMENDATION: Move to accept the Saratoga Avenue and Fruitvale Avenue Overlay and Rehabilitation Project ESPL-5332(015) as complete and authorize staff to record the Notice of Completion for the construction contract. PAGE/CAPPELLO MOVED TO ACCEPT THE SARATOGA AVENUE AND FRUITVALE AVENUE OVERLAY AND REHABILITATION PROJECT ESPL-5332(015) AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. 10. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT. STAFF RECOMMENDATION: Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue Walkway Project. 43 6 RESOLUTION NO. 11 – 032 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION SUPPORTING THE METROPOLITAN TRANSPORTATION COMMISSION’S TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. PUBLIC HEARINGS 11. FY 2011/12 PROPOSED OPERATING AND CAPITAL BUDGET PUBLIC HEARING STAFF RECOMMENDATION: Conduct a public hearing on the proposed FY 2011/12 Operating & Capital Budget, and provide direction to staff for budget adoption on June 1, 2011. Administrative Services Director Mary Furey presented the staff report. At 8:15 p.m. Mayor Miller declared a 5 minutes recess. At 8:25 p.m. Mayor Miller reconvened the Regular meeting. Lieutenant Don Morrissey, Santa Clara County Sheriff’s Office, was present to provide a report on the public safety service provided by the Sheriff’s Office. He noted there would be no negative affects regarding public safety service to the community as a result of budgetary cutbacks. Mayor Miller opened the public hearing for comment. The following person/s requested to speak on this item. Kathleen King addressed the Council regarding this item. No one else requested to speak on this item. Mayor Miller closed the public hearing comment. DIRECTION TO STAFF: Council directed staff to make minor clerical corrections to the proposed budget. PAGE/HUNTER MOVED THAT STAFF BRING THIS ITEM BACK FOR COUNCIL ADOPTION AT THE JUNE 1, 2011 COUNCIL MEETING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. OLD BUSINESS None 44 7 NEW BUSINESS 12. CONSIDERATION OF A POSITION REGARDING REDISTRICTING STAFF RECOMMENDATION: That the City Council discuss and provide direction to Vice Mayor Chuck Page, who will be testifying on behalf of the City at a local hearing and to provide input to the County and/or State Redistricting Commission/s. City Clerk Ann Sullivan presented the staff report. Mayor Miller invited public comment. Jim Griffith, Vice Mayor of the City of Sunnyvale, addressed the Council regarding this item. Kathleen King addressed the Council regarding this item. No one else requested to speak on this item. Mayor Miller closed the public comment period. COUNCIL CONCENSUS: Council concurred that Vice Mayor Chuck Page would attend the redistricting meeting on Thursday, May 19, 2011, and would testify on behalf of the City regarding the City of Saratoga’s redistricting principles. In addition, Vice Mayor Page would hand deliver a letter signed by the Mayor, to the chair of the Citizen’s Redistricting Commission defining the supervisorial district for Saratoga. The following priorities to be considered when defining the supervisorial district for Saratoga are: o Saratoga and the hillside area to the West and South to the County border must be included in the same supervisorial district. o The West Valley cities of Saratoga, Monte Sereno, Cupertino, Los Gatos and Campbell are a community of interest. o The five West Valley cities, Los Altos and Los Altos Hills share the following concerns that make us a unique community of interest:  Fire Safety, especially related to hillside fire dangers  Public Safety (utilization of the County Sheriff for our community policing)  Transit corridors – Highway 85 bisects most of our cities  Development – our cities have minimal room to expand; all development is infill  Transit interests are similar – no major commercial or industrial areas, but similar needs for commuters and service workers 45 8 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: Santa Clara County Cities Association – met and he noted the Legislative Action Committee met first. He added there was discussion regarding a comprehensive report on retirement issues that many cities are experiencing. SCC Cities Association Selection Committee – met and the group received a presentation by a representative of the Santa Clara County 211 Program. Valley Transportation Authority PAC – met and they discussed the electrification of CalTrans. They also discussed the express lanes that are scheduled for Santa Clara County. Vice Mayor Chuck Page – reported: West Valley Sanitation District – attended the last meeting and had nothing to report. Councilmember Jill Hunter – reported: Historical Foundation – continues to work on their portable building. KSAR Community Access TV Board – attended the last meeting and noted KSAR is working KCAT to do a “News at Noon” program with some Los Gatos High School students regarding news in Los Gatos. In addition, they are working to include Saratoga news into the program as well. SASCC – going through process of getting someone younger to lead group West Valley Flood Control & Watershed Advisory Committee – Vice Mayor Page attended the last meeting. Vice Mayor Page noted they discussed board guidelines for projects. Councilmember Emily Lo – absent Councilmember Manny Cappello – reported: Chamber of Commerce – attended the last meeting and noted the Chamber is working with staff in the Planning Department regarding updates to the City’s sign ordinance. The Chamber is scheduling a workshop with merchants on June 23rd at the Odd Fellows Lodge. Santa Clara County Emergency Council – he attended the last meeting and noted he volunteered to work with council members from Mountain View and Sunnyvale to formulate best practices regarding emergency preparedness activities for each of the cities. CITY COUNCIL ITEMS Councilmember Hunter expressed her condolences to the family of Scott Peterson who recently passed away. Mr. Peterson was a dedicated volunteer at KSAR as well as for other community programs. She added the memorial service is scheduled at 11:00 a.m. on Friday, May 20th at Sacred Heart Church. CITY MANAGER’S REPORT None 46 9 ADJOURNMENT There being no additional business Mayor Miller asked for a motion to adjourn the Regular Meeting. PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AT 10:35PM. MOTION PASSED 4-0-1 WITH COUNCILMEMBER LO ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk 47 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. 05/12/11 117737 117789 53 72,914.90 05/12/11 05/06/11 117736 05/20/11 117790 117847 58 504,715.99 05/20/11 05/12/11 117789 AP Date Check No. Issued to Dept.Amount 05/12/11 none 05/20/11 117809 PW - CIP 43,668.75 05/20/11 117830 PW - CIP 354,429.00 05/20/11 117834 PW - CIP 26,868.25 The following are Accounts Payable checks that were voided: AP Date Check No.Amount 05/12/11 none 05/20/11 none Shute Mihaly Weinberger General Legal Services The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose CIP - Streets Herriman Avenue Void - Reissue Void - Reissue General Date Starting Check No. Ending Check No. SCC Sheriff's Office Issued to SARATOGA CITY COUNCIL MEETING DATE:June 1, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Law Enforcement Description Guerra Construction PREPARED BY:DEPT. DIRECTOR: Prior Check Register Accounts Payable Accounts Payable Checks Released May 12, 2011 May 20, 2011 Total Checks AmountType of Checks 48 The following is a list of cash reduction by fund: Fund #05/12/11 05/20/11 Total 111 General 23,092.58 429,575.96 452,668.54 231 Village Lighting - 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape 311.00 1,007.75 1,318.75 248 Leutar Court Landscape - 249 Manor Drive Landscape - 251 McCartysville Landscape 180.00 1,036.73 1,216.73 252 Prides Crossing Landscape 212.19 212.19 253 Saratoga Legends Landscape 158.00 158.00 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape - 271 Beauchamps Landscape - 272 Bellgrove Landscape 1,598.00 285.26 1,883.26 273 Gateway Landscape 203.00 203.00 274 Horseshoe Landscape/Lighting 320.00 320.00 275 Quito Lighting 151.33 151.33 276 Tollgate LLD 28.93 28.93 277 Village Commercial Landscape 75.00 75.00 311 Library Bond Debt Service 795.00 795.00 411 CIP Street Projects 5,839.05 3,863.36 9,702.41 412 CIP Park & Trail Projects 1,007.00 1,007.00 413 CIP Facility Projects 4,336.50 4,800.00 9,136.50 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets 4,241.62 4,241.62 432 Grant Fund - Parks & Trails 875.29 875.29 434 Grant Fund - Admin Projects 2,390.39 481 Gas Tax Fund 56,486.85 56,486.85 611 Liability/Risk Mgt 22,287.14 22,287.14 612 Workers' Comp 275.00 275.00 621 Office Support Services Fund 1,413.00 1,413.00 622 Information Technology 42.59 916.15 958.74 623 Vehicle & Equipment Maint 3,658.90 1,748.39 5,407.29 624 Building Maintenance 2,168.68 1,912.25 4,080.93 631 - 632 - 72,914.90 504,715.99 - 575,240.50 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and 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. TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement 49 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 5 / 1 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 1 2 : 0 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 1 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 7 3 7 0 5 / 1 2 / 1 1 7 9 M U N I S E R V I C E S L L C 1 1 1 3 1 0 1 S A L E S T A X Q 4 / 2 0 1 0 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 7 7 3 8 0 5 / 1 2 / 1 1 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 L O C K S - P A R K S 0 . 0 0 1 1 1 . 1 1 11 1 1 1 1 1 7 7 3 9 0 5 / 1 2 / 1 1 7 9 8 A N G E L I N A , P A T R I C I A 1 1 1 6 1 0 1 I N S T R U C T O R - R O S E N M T H 0 . 0 0 1 1 8 . 0 0 11 1 1 1 1 1 7 7 4 0 0 5 / 1 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 5 4 9 . 5 5 11 1 1 1 1 1 7 7 4 0 0 5 / 1 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 4 , 2 4 1 . 6 2 TO T A L C H E C K 0 . 0 0 4 , 7 9 1 . 1 7 11 1 1 1 1 1 7 7 4 1 0 5 / 1 2 / 1 1 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 1 3 2 . 3 0 11 1 1 1 1 1 7 7 4 1 0 5 / 1 2 / 1 1 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 3 9 6 . 9 0 TO T A L C H E C K 0 . 0 0 5 2 9 . 2 0 11 1 1 1 1 1 7 7 4 2 0 5 / 1 2 / 1 1 9 5 C A L - W E S T L I G H T I N G & S I G N 1 1 1 5 3 0 1 B O L L A R D B A S E / L I B R A R Y 0 . 0 0 5 1 2 . 6 5 11 1 1 1 1 1 7 7 4 2 0 5 / 1 2 / 1 1 9 5 C A L - W E S T L I G H T I N G & S I G N 2 5 2 5 3 0 2 R P R O U T A G E S / P R O S P E C T 0 . 0 0 2 1 2 . 1 9 TO T A L C H E C K 0 . 0 0 7 2 4 . 8 4 11 1 1 1 1 1 7 7 4 3 0 5 / 1 2 / 1 1 8 2 5 C A N D A C E T R O Y 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 3 5 1 . 0 0 11 1 1 1 1 1 7 7 4 3 0 5 / 1 2 / 1 1 8 2 5 C A N D A C E T R O Y 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N I T N G 0 . 0 0 1 7 5 . 5 0 11 1 1 1 1 1 7 7 4 3 0 5 / 1 2 / 1 1 8 2 5 C A N D A C E T R O Y 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T N G 0 . 0 0 4 3 8 . 7 5 11 1 1 1 1 1 7 7 4 3 0 5 / 1 2 / 1 1 8 2 5 C A N D A C E T R O Y 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 5 2 6 . 5 0 11 1 1 1 1 1 7 7 4 3 0 5 / 1 2 / 1 1 8 2 5 C A N D A C E T R O Y 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 1 7 5 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 6 6 7 . 2 5 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 C . S P R I N G S 0 4 / 1 1 0 . 0 0 4 0 0 . 0 0 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 F O O T H I L L P A R K 0 4 / 1 1 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 4 3 5 3 0 2 C A R N E L I A N G L E N 0 4 / 1 1 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 V L G E G R B G E R E C E P 0 4 / 1 1 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 H O R S E S H O E D R . 0 4 / 1 1 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 7 7 4 4 0 5 / 1 2 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 7 5 3 0 2 N E W S R A C K M A I N T 0 4 / 1 1 0 . 0 0 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 3 2 8 . 0 0 11 1 1 1 1 1 7 7 4 5 0 5 / 1 2 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C P M S E R V I C E 0 . 0 0 6 3 4 . 0 0 11 1 1 1 1 1 7 7 4 5 0 5 / 1 2 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C P M S E R V I C E 0 . 0 0 9 9 1 . 1 5 TO T A L C H E C K 0 . 0 0 1 , 6 2 5 . 1 5 11 1 1 1 1 1 7 7 4 6 0 5 / 1 2 / 1 1 5 1 7 C I T Y O F S A N J O S E 4 8 1 9 1 1 1 - 0 0 1 P R O P 1 B - L O C A L T R A N S . 0 . 0 0 1 9 , 7 7 2 . 5 0 11 1 1 1 1 1 7 7 4 7 0 5 / 1 2 / 1 1 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 3 , 3 9 2 . 8 2 11 1 1 1 1 1 7 7 4 8 0 5 / 1 2 / 1 1 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E S 0 3 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 7 4 9 0 5 / 1 2 / 1 1 5 5 2 D E P A R T M E N T O F J U S T I C E 1 1 1 6 1 0 1 F I N G E R P R I N T F E E 0 3 / 1 1 0 . 0 0 3 2 . 0 0 11 1 1 1 1 1 7 7 5 0 0 5 / 1 2 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 8 1 R E T E N T I O N P Y M T - P O # 1 0 0 0 . 0 0 2 , 0 0 9 . 5 0 11 1 1 1 1 1 7 7 5 0 0 5 / 1 2 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 R E T E N T I O N P Y M T - P O # 1 1 0 0 . 0 0 2 , 2 5 5 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 2 6 4 . 5 0 11 1 1 1 1 1 7 7 5 1 0 5 / 1 2 / 1 1 4 1 5 E R G O V E R A 6 1 2 8 5 0 1 E R G O E V A L 3 / 3 / 1 1 0 . 0 0 2 7 5 . 0 0 11 1 1 1 1 1 7 7 5 2 0 5 / 1 2 / 1 1 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 S P R A Y / C . S P R I N G S 0 . 0 0 2 , 3 5 0 . 0 0 50 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 5 / 1 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 1 2 : 0 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 1 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 7 5 3 0 5 / 1 2 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 9 6 . 7 3 11 1 1 1 1 1 7 7 5 4 0 5 / 1 2 / 1 1 9 0 6 F I S H E R , E L E N A G . 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 7 9 . 5 0 11 1 1 1 1 1 7 7 5 4 0 5 / 1 2 / 1 1 9 0 6 F I S H E R , E L E N A G . 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 8 9 . 0 0 11 1 1 1 1 1 7 7 5 4 0 5 / 1 2 / 1 1 9 0 6 F I S H E R , E L E N A G . 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 4 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 0 8 . 5 0 11 1 1 1 1 1 7 7 5 5 0 5 / 1 2 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 7 . 5 8 11 1 1 1 1 1 7 7 5 6 0 5 / 1 2 / 1 1 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 1 1 R E T E N T I O N P Y M T P O # 1 1 4 0 . 0 0 1 , 9 4 2 . 0 0 11 1 1 1 1 1 7 7 5 7 0 5 / 1 2 / 1 1 5 0 0 G O T O W N , I N C . 1 1 1 8 1 0 1 O V E R P Y M T / B U S L I C E N S E 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 7 7 5 8 0 5 / 1 2 / 1 1 4 6 5 G R A N I T E C O N S T R U C T I O N C O M 4 8 1 9 1 1 1 - 0 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 7 0 . 1 4 11 1 1 1 1 1 7 7 5 9 0 5 / 1 2 / 1 1 4 8 4 H I G H W A Y T E C H N O L O G I E S , I N 1 1 1 5 2 0 1 J A C K E T S - P A R K S 0 . 0 0 5 0 4 . 8 6 11 1 1 1 1 1 7 7 5 9 0 5 / 1 2 / 1 1 4 8 4 H I G H W A Y T E C H N O L O G I E S , I N 1 1 1 5 3 0 1 J A C K E T S - S T R E E T S 0 . 0 0 5 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 0 0 4 . 8 6 11 1 1 1 1 1 7 7 6 0 0 5 / 1 2 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R P R - Q U I T O G A R D E N 0 . 0 0 1 1 2 . 5 8 11 1 1 1 1 1 7 7 6 1 0 5 / 1 2 / 1 1 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - I C E S K T N G 0 . 0 0 1 9 2 . 0 0 11 1 1 1 1 1 7 7 6 1 0 5 / 1 2 / 1 1 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - I C E S K T N G 0 . 0 0 9 6 . 0 0 TO T A L C H E C K 0 . 0 0 2 8 8 . 0 0 11 1 1 1 1 1 7 7 6 2 0 5 / 1 2 / 1 1 3 9 I N D U S T R I A L W I P E R & S U P P L 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 5 6 . 9 4 11 1 1 1 1 1 7 7 6 3 0 5 / 1 2 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 , 0 9 2 . 5 0 11 1 1 1 1 1 7 7 6 3 0 5 / 1 2 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 3 4 9 4 4 1 - 0 0 1 N O S M O K I N G S I G N S 0 . 0 0 2 , 3 9 0 . 3 9 TO T A L C H E C K 0 . 0 0 3 , 4 8 2 . 8 9 11 1 1 1 1 1 7 7 6 4 0 5 / 1 2 / 1 1 7 8 8 K A S H U B A , B R E N D A L Y N N 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 3 6 6 . 6 0 11 1 1 1 1 1 7 7 6 5 0 5 / 1 2 / 1 1 5 0 0 K A T H L E E N E R I C K S O N 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 3 8 . 0 0 11 1 1 1 1 1 7 7 6 6 0 5 / 1 2 / 1 1 9 2 9 K O P P E L & G R U B E R P U B L I C F 1 1 1 5 1 0 1 D I S T L L A 1 / Z N 3 4 A N N E X 0 . 0 0 1 , 3 0 5 . 0 0 11 1 1 1 1 1 7 7 6 7 0 5 / 1 2 / 1 1 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T H L Y S V C 0 4 / 1 1 0 . 0 0 1 6 7 . 0 0 11 1 1 1 1 1 7 7 6 8 0 5 / 1 2 / 1 1 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L E G A L S R V C / S A 7 5 0 0 . 0 0 1 , 6 2 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 B E A U C H A M P S P K 0 4 / 1 1 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 R A V E N W O O D P K 0 4 / 1 1 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 A Z U L E P A R K 0 4 / 1 1 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 K E V I N M O R A N P K 0 4 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 P R O S P E C T C E N T E R 0 4 / 1 1 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 4 / 1 1 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 4 5 3 0 2 S U N L A N D 0 4 / 1 1 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 K E R W I N R A N C H 0 4 / 1 1 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 4 / 1 1 0 . 0 0 1 , 5 9 8 . 0 0 51 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 5 / 1 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 1 2 : 0 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 1 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 L E G E N D S 0 4 / 1 1 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 7 7 6 9 0 5 / 1 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 3 5 3 0 2 G A T E W A Y 0 4 / 1 1 0 . 0 0 2 0 3 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 3 6 0 . 0 0 11 1 1 1 1 1 7 7 7 0 0 5 / 1 2 / 1 1 5 0 8 M A D S C I E N C E 1 1 1 6 1 0 1 I N S T R U C T O R - S C I E N C E 0 . 0 0 6 6 0 . 0 0 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 1 2 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 9 . 8 1 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 4 1 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 9 . 8 1 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 1 1 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 9 . 8 1 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 2 3 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 2 . 5 9 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 6 2 2 3 2 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 2 . 5 9 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 5 2 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 4 9 . 8 1 11 1 1 1 1 1 7 7 7 1 0 5 / 1 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 5 1 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 9 9 . 6 2 TO T A L C H E C K 0 . 0 0 3 8 4 . 0 4 11 1 1 1 1 1 7 7 7 2 0 5 / 1 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 0 . 5 2 11 1 1 1 1 1 7 7 7 2 0 5 / 1 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 . 0 0 11 1 1 1 1 1 7 7 7 2 0 5 / 1 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 8 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 4 . 8 0 11 1 1 1 1 1 7 7 7 2 0 5 / 1 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 1 0 1 S U P P L I E S - P W 0 . 0 0 3 1 . 9 7 TO T A L C H E C K 0 . 0 0 2 2 2 . 2 9 11 1 1 1 1 1 7 7 7 3 0 5 / 1 2 / 1 1 6 0 O N T R A C 4 1 2 9 2 5 2 - 0 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 7 7 7 3 0 5 / 1 2 / 1 1 6 0 O N T R A C 4 8 1 9 1 1 1 - 0 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 7 7 7 4 0 5 / 1 2 / 1 1 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 8 9 . 2 5 11 1 1 1 1 1 7 7 7 4 0 5 / 1 2 / 1 1 5 4 0 O R C H A R D S U P P L Y 4 1 3 9 3 2 2 - 0 0 1 T H E A T R E L I G H T S 0 . 0 0 1 1 7 . 4 7 TO T A L C H E C K 0 . 0 0 2 0 6 . 7 2 11 1 1 1 1 1 7 7 7 5 0 5 / 1 2 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 4 5 1 . 3 1 11 1 1 1 1 1 7 7 7 5 0 5 / 1 2 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 7 1 . 5 5 TO T A L C H E C K 0 . 0 0 7 2 2 . 8 6 11 1 1 1 1 1 7 7 7 6 0 5 / 1 2 / 1 1 6 1 0 P A C I F I C D I S P L A Y , I N C 6 2 4 6 2 0 2 L I G H T I N G R E P A I R - T R E E 0 . 0 0 1 8 5 . 0 0 11 1 1 1 1 1 7 7 7 7 0 5 / 1 2 / 1 1 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 4 / 1 1 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 7 7 7 8 0 5 / 1 2 / 1 1 4 0 9 R E P U B L I C I T S I N C 4 8 1 9 1 1 1 - 0 0 1 R P R - Y E R B A S A N T A / A L L E N 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 7 7 7 9 0 5 / 1 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 5 5 3 0 2 Q U I T O - D O R C I C H C T 0 . 0 0 1 5 1 . 3 3 11 1 1 1 1 1 7 7 7 9 0 5 / 1 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 2 6 9 . 2 8 11 1 1 1 1 1 7 7 7 9 0 5 / 1 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 3 , 3 9 1 . 7 6 11 1 1 1 1 1 7 7 7 9 0 5 / 1 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 2 8 . 9 3 11 1 1 1 1 1 7 7 7 9 0 5 / 1 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 M E D I A N S / P A R K W A Y S 0 . 0 0 6 8 4 . 2 2 TO T A L C H E C K 0 . 0 0 4 , 5 2 5 . 5 2 11 1 1 1 1 1 7 7 8 0 0 5 / 1 2 / 1 1 5 0 0 S B G P R O F E S S I O N A L C O A C H I N 1 1 1 2 1 0 1 P R O F E S S I O N A L C O A C H I N G 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 7 7 8 1 0 5 / 1 2 / 1 1 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 O I L F I L T E R - V E H # 9 9 0 . 0 0 6 6 . 0 8 11 1 1 1 1 1 7 7 8 2 0 5 / 1 2 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 6 8 . 2 5 52 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 5 / 1 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 1 2 : 0 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 1 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 7 8 3 0 5 / 1 2 / 1 1 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S V C 0 2 / 1 4 - 0 3 / 1 3 0 . 0 0 7 3 . 7 5 11 1 1 1 1 1 7 7 8 3 0 5 / 1 2 / 1 1 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S V C 0 3 / 1 4 - 0 4 / 1 3 0 . 0 0 7 4 . 0 7 11 1 1 1 1 1 7 7 8 3 0 5 / 1 2 / 1 1 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S V C 0 4 / 1 4 - 0 5 / 1 3 0 . 0 0 7 3 . 7 5 TO T A L C H E C K 0 . 0 0 2 2 1 . 5 7 11 1 1 1 1 1 7 7 8 4 0 5 / 1 2 / 1 1 8 8 4 S T A P L E S C O N T R A C T & C O M M E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 8 8 . 9 9 11 1 1 1 1 1 7 7 8 4 0 5 / 1 2 / 1 1 8 8 4 S T A P L E S C O N T R A C T & C O M M E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 . 1 9 TO T A L C H E C K 0 . 0 0 2 0 3 . 1 8 11 1 1 1 1 1 7 7 8 5 0 5 / 1 2 / 1 1 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 2 9 2 2 2 - 0 0 5 H A K O N E G A R D N / A D A R A M P 0 . 0 0 9 7 7 . 0 0 11 1 1 1 1 1 7 7 8 6 0 5 / 1 2 / 1 1 9 3 8 T . B E N N E T T G R A P H I C S 4 1 3 9 3 5 1 - 0 0 1 S I G N S - N . C A M P U S 0 . 0 0 4 , 2 1 9 . 0 3 11 1 1 1 1 1 7 7 8 7 0 5 / 1 2 / 1 1 5 0 0 U T I L I Q U E S T , L L C 1 1 1 8 1 0 1 O V E R P Y M T / B U S L I C E N S E 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 7 7 8 8 0 5 / 1 2 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C . S P R I N G S P A R K 0 4 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 7 8 8 0 5 / 1 2 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P A R K 0 4 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 7 8 8 0 5 / 1 2 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K 0 4 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 7 8 8 0 5 / 1 2 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K E V I N M O R A N P A R K 0 4 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 7 8 8 0 5 / 1 2 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 L I B R A R Y 0 4 / 1 1 0 . 0 0 1 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 0 0 . 0 0 11 1 1 1 1 1 7 7 8 9 0 5 / 1 2 / 1 1 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S R V C 5 / 1 8 / 1 1 0 . 0 0 1 , 0 1 0 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 7 2 , 9 1 4 . 9 0 TO T A L F U N D 0 . 0 0 7 2 , 9 1 4 . 9 0 TO T A L R E P O R T 0 . 0 0 7 2 , 9 1 4 . 9 0 53 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 5 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 2 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 7 9 0 0 5 / 2 0 / 1 1 5 4 6 A B A G P O W E R P U R C H A S I N G P O 6 2 4 6 2 0 2 G A S S R V 0 4 / 1 1 & T R U E U P 0 . 0 0 1 , 5 3 1 . 1 8 11 1 1 1 1 1 7 7 9 1 0 5 / 2 0 / 1 1 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 5 / 1 1 0 . 0 0 1 3 1 . 0 7 11 1 1 1 1 1 7 7 9 2 0 5 / 2 0 / 1 1 9 6 5 B A R R I E D . C O A T E 1 1 1 5 3 0 1 S T O N E P I N E R E P O R T 0 . 0 0 2 9 5 . 0 0 11 1 1 1 1 1 7 7 9 3 0 5 / 2 0 / 1 1 7 6 6 B E A R , K A T E 1 1 1 4 1 0 1 C O N F . R E I M 5 / 9 - 5 / 1 3 0 . 0 0 8 3 . 8 1 11 1 1 1 1 1 7 7 9 4 0 5 / 2 0 / 1 1 9 4 8 C A L I F O R N I A D E P T O F F I S H 4 3 2 9 2 7 4 - 0 0 1 B A L A N C E D U E / J A R P A 0 . 0 0 3 0 . 2 5 11 1 1 1 1 1 7 7 9 5 0 5 / 2 0 / 1 1 9 4 8 C A L I F O R N I A D E P T O F F I S H 4 3 2 9 2 7 4 - 0 0 1 B A L A N C E D U E / P E R M I T 0 . 0 0 1 3 3 . 2 5 11 1 1 1 1 1 7 7 9 6 0 5 / 2 0 / 1 1 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S E R V I C E S 0 5 / 1 1 0 . 0 0 1 4 , 7 1 9 . 3 1 11 1 1 1 1 1 7 7 9 7 0 5 / 2 0 / 1 1 4 9 4 C O M C A S T 6 2 2 3 2 0 1 H I G H S P E E D I N T E R N E T 0 . 0 0 4 9 . 9 0 11 1 1 1 1 1 7 7 9 8 0 5 / 2 0 / 1 1 2 6 5 C O W L E S , P A T 1 1 1 2 3 0 1 M I L E A G E - S E M I N A R 5 / 4 0 . 0 0 8 . 8 7 11 1 1 1 1 1 7 7 9 8 0 5 / 2 0 / 1 1 2 6 5 C O W L E S , P A T 1 1 1 2 3 0 1 L U N C H R E I M - S E M I N A R 5 / 4 0 . 0 0 8 . 1 0 TO T A L C H E C K 0 . 0 0 1 6 . 9 7 11 1 1 1 1 1 7 7 9 9 0 5 / 2 0 / 1 1 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R 0 4 / 2 1 - 0 5 / 2 0 / 1 1 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 7 8 0 0 0 5 / 2 0 / 1 1 5 0 0 E R E N D I D A F E R N A N D E Z 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 8 0 1 0 5 / 2 0 / 1 1 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T R E E S P R A Y / F R U I T V A L E 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 7 8 0 1 0 5 / 2 0 / 1 1 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 S P R A Y / M E D I A N S 0 . 0 0 2 , 4 0 0 . 0 0 11 1 1 1 1 1 7 8 0 1 0 5 / 2 0 / 1 1 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 S H O U L D E R W O R K 0 . 0 0 2 , 2 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 7 5 0 . 0 0 11 1 1 1 1 1 7 8 0 2 0 5 / 2 0 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - W V C 0 4 / 1 1 0 . 0 0 1 5 2 . 9 5 11 1 1 1 1 1 7 8 0 2 0 5 / 2 0 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - P R O S P 4 / 1 1 0 . 0 0 3 0 5 . 9 0 TO T A L C H E C K 0 . 0 0 4 5 8 . 8 5 11 1 1 1 1 1 7 8 0 3 0 5 / 2 0 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - B E A U C H A M P P K 0 . 0 0 1 9 . 8 4 11 1 1 1 1 1 7 8 0 3 0 5 / 2 0 / 1 1 4 2 1 E W I N G I R R I G A T I O N 4 1 1 9 1 4 1 - 0 0 2 S T R M D R A I N / W O O D B A N K 0 . 0 0 9 3 0 . 4 8 TO T A L C H E C K 0 . 0 0 9 5 0 . 3 2 11 1 1 1 1 1 7 8 0 4 0 5 / 2 0 / 1 1 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 T R A F F I C C O N S U L T S V C S 0 . 0 0 6 , 9 9 3 . 1 4 11 1 1 1 1 1 7 8 0 4 0 5 / 2 0 / 1 1 4 2 3 F E H R & P E E R S 4 1 1 9 1 2 1 - 0 0 1 T R A F F I C C O N S U L T S V C S 0 . 0 0 1 , 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 3 9 3 . 1 4 11 1 1 1 1 1 7 8 0 5 0 5 / 2 0 / 1 1 6 8 2 F E H R E N G I N E E R I N G C O M P A N Y 4 1 3 9 3 6 3 - 0 0 3 M U S E U M P O W E R D E S I G N 0 . 0 0 4 , 8 0 0 . 0 0 11 1 1 1 1 1 7 8 0 6 0 5 / 2 0 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 8 1 9 1 1 1 - 0 0 1 A L O H A / H W Y 0 9 5 / 1 1 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 7 8 0 7 0 5 / 2 0 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 6 2 3 5 2 0 2 M A I N T / B R U S H C U T T E R 0 . 0 0 2 0 9 . 9 1 11 1 1 1 1 1 7 8 0 7 0 5 / 2 0 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 . 2 2 11 1 1 1 1 1 7 8 0 7 0 5 / 2 0 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 E D G E R B L A D E - P A R K S 0 . 0 0 3 5 . 9 9 TO T A L C H E C K 0 . 0 0 2 4 7 . 1 2 11 1 1 1 1 1 7 8 0 8 0 5 / 2 0 / 1 1 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 8 1 R E T E N T I O N H E L D P O # 1 3 3 0 . 0 0 - 9 1 0 . 9 0 11 1 1 1 1 1 7 8 0 8 0 5 / 2 0 / 1 1 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 8 1 9 1 1 1 - 0 0 1 S A R A A V E / S H L D R I M P V T 0 . 0 0 9 , 1 0 9 . 0 0 54 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 5 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 2 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L C H E C K 0 . 0 0 8 , 1 9 8 . 1 0 11 1 1 1 1 1 7 8 0 9 0 5 / 2 0 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 8 1 R E T E N T I O N H E L D P O # 1 3 7 0 . 0 0 - 3 , 6 1 0 . 8 4 11 1 1 1 1 1 7 8 0 9 0 5 / 2 0 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 8 1 R E T E N T I O N R E L E A S E # 1 3 7 0 . 0 0 1 1 , 1 7 1 . 1 9 11 1 1 1 1 1 7 8 0 9 0 5 / 2 0 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 8 1 9 1 1 1 - 0 0 1 H E R R I M A N A V E S H O U L D E R 0 . 0 0 3 6 , 1 0 8 . 4 0 TO T A L C H E C K 0 . 0 0 4 3 , 6 6 8 . 7 5 11 1 1 1 1 1 7 8 1 0 0 5 / 2 0 / 1 1 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S T O R A G E B O X E S - P A R K S 0 . 0 0 1 4 . 2 3 11 1 1 1 1 1 7 8 1 1 0 5 / 2 0 / 1 1 4 9 1 H U M A N B E H A V I O R A S S O C I A T E 1 1 1 2 3 0 1 E A P S V C 0 4 / 1 1 0 . 0 0 7 1 2 . 5 0 11 1 1 1 1 1 7 8 1 2 0 5 / 2 0 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 5 1 5 3 0 2 R P R - M C C A R T Y S V I L L E L L A 0 . 0 0 2 4 1 . 7 3 11 1 1 1 1 1 7 8 1 2 0 5 / 2 0 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 I N S T L C O U P E R / F O O T H I L L 0 . 0 0 2 2 5 . 7 8 TO T A L C H E C K 0 . 0 0 4 6 7 . 5 1 11 1 1 1 1 1 7 8 1 3 0 5 / 2 0 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 S V C / F R U I T V A L E M E D I A N 0 . 0 0 1 , 0 5 1 . 2 7 11 1 1 1 1 1 7 8 1 3 0 5 / 2 0 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 2 5 1 5 3 0 2 T R I M P I N E / M C C A R T Y V I L E 0 . 0 0 7 9 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 8 4 6 . 2 7 11 1 1 1 1 1 7 8 1 4 0 5 / 2 0 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 9 7 3 . 9 6 11 1 1 1 1 1 7 8 1 4 0 5 / 2 0 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 3 3 1 . 6 8 11 1 1 1 1 1 7 8 1 4 0 5 / 2 0 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 2 2 7 . 2 4 TO T A L C H E C K 0 . 0 0 1 , 5 3 2 . 8 8 11 1 1 1 1 1 7 8 1 5 0 5 / 2 0 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 3 2 9 2 3 1 - 0 0 1 S I G N - A Z U L E P A R K 0 . 0 0 1 1 1 . 9 8 11 1 1 1 1 1 7 8 1 6 0 5 / 2 0 / 1 1 6 7 4 J B T R O P H I E S 4 3 2 9 2 3 1 - 0 0 1 P L A Q U E - A Z U L E P A R K 0 . 0 0 5 3 1 . 8 3 11 1 1 1 1 1 7 8 1 7 0 5 / 2 0 / 1 1 5 0 0 J O B I G E O R G E 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 7 8 1 8 0 5 / 2 0 / 1 1 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 2 8 3 . 5 0 11 1 1 1 1 1 7 8 1 8 0 5 / 2 0 / 1 1 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 2 5 2 . 0 0 11 1 1 1 1 1 7 8 1 8 0 5 / 2 0 / 1 1 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 2 5 2 . 0 0 TO T A L C H E C K 0 . 0 0 7 8 7 . 5 0 11 1 1 1 1 1 7 8 1 9 0 5 / 2 0 / 1 1 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M R P R - H I S T F N D P K 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 7 8 2 0 0 5 / 2 0 / 1 1 1 0 0 K S A R 1 1 1 8 3 0 1 B R O A D C A S T 0 4 / 1 1 0 . 0 0 2 , 4 0 0 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 9 9 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 7 2 . 5 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 7 6 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 3 8 . 0 0 11 1 1 1 1 1 7 8 2 1 0 5 / 2 0 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 6 4 . 5 0 TO T A L C H E C K 0 . 0 0 8 5 8 . 0 0 11 1 1 1 1 1 7 8 2 2 0 5 / 2 0 / 1 1 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 M I L E A G E R E I M - A B A G M T G 0 . 0 0 4 9 . 4 2 11 1 1 1 1 1 7 8 2 3 0 5 / 2 0 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 R P R - B E L L G R O V E 0 . 0 0 2 8 5 . 2 6 11 1 1 1 1 1 7 8 2 3 0 5 / 2 0 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 L N S C A P E I M P V T S / K E R W I N 0 . 0 0 1 , 0 0 7 . 7 5 55 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 5 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 2 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 8 2 3 0 5 / 2 0 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 S P R I N G C O L O R / G A T E W A Y 0 . 0 0 1 , 1 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 4 8 3 . 0 1 11 1 1 1 1 1 7 8 2 4 0 5 / 2 0 / 1 1 5 0 8 M A D S C I E N C E 1 1 1 6 1 0 1 I N S T R U C T O R - S C I E N C E 0 . 0 0 4 6 2 . 0 0 11 1 1 1 1 1 7 8 2 5 0 5 / 2 0 / 1 1 5 7 8 M O O R E , S T E V E 1 1 1 4 1 0 1 R E I M - R U B B E R S T A M P S 0 . 0 0 7 5 . 8 0 11 1 1 1 1 1 7 8 2 6 0 5 / 2 0 / 1 1 6 0 O N T R A C 4 8 1 9 1 1 1 - 0 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 1 0 . 0 0 11 1 1 1 1 1 7 8 2 6 0 5 / 2 0 / 1 1 6 0 O N T R A C 1 1 1 5 3 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 7 8 2 6 0 5 / 2 0 / 1 1 6 0 O N T R A C 1 1 1 2 1 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 5 . 0 0 TO T A L C H E C K 0 . 0 0 3 5 . 0 0 11 1 1 1 1 1 7 8 2 7 0 5 / 2 0 / 1 1 5 0 0 P E G G Y J O H N S O N 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 6 4 . 0 0 11 1 1 1 1 1 7 8 2 8 0 5 / 2 0 / 1 1 3 7 5 Q U A L I T Y A S S U R A N C E T R A V E L 1 1 1 6 1 0 1 E X C U R S I O N 0 6 / 0 2 / 1 1 0 . 0 0 1 , 0 1 0 . 0 0 11 1 1 1 1 1 7 8 2 9 0 5 / 2 0 / 1 1 3 8 8 R A T R A , R I C K 6 2 3 5 2 0 2 P R O P A N E 0 . 0 0 4 8 . 0 5 11 1 1 1 1 1 7 8 3 0 0 5 / 2 0 / 1 1 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 L A W E N F O R C E M E N T 0 5 / 1 1 0 . 0 0 3 5 4 , 4 2 9 . 0 0 11 1 1 1 1 1 7 8 3 1 0 5 / 2 0 / 1 1 5 0 5 S C F I R E D E P A R T M E N T 1 1 1 6 1 0 1 I N S T R U C T O R - C P R 0 . 0 0 1 5 0 . 5 0 11 1 1 1 1 1 7 8 3 2 0 5 / 2 0 / 1 1 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E - V E H # 1 1 0 0 . 0 0 2 3 4 . 4 3 11 1 1 1 1 1 7 8 3 2 0 5 / 2 0 / 1 1 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 O I L F I L T E R / V E H # 1 1 4 0 . 0 0 6 6 . 0 8 11 1 1 1 1 1 7 8 3 2 0 5 / 2 0 / 1 1 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 O I L F I L T E R - V E H # 1 2 2 0 . 0 0 6 6 . 0 8 TO T A L C H E C K 0 . 0 0 3 6 6 . 5 9 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C O D E E N F - D U T T A 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C O D E E N F - L G L R E S E A R C H 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 2 9 2 7 4 - 0 0 1 C E Q A - D E A N Z A T R A I L 0 . 0 0 6 7 . 9 8 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 Q U A R R Y A C Q U I S I T I O N 0 . 0 0 3 6 3 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O M D E V 0 . 0 0 7 4 8 . 8 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - L I T I G A T I O N 0 . 0 0 1 , 6 8 9 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F C / C T Y C N C L 0 . 0 0 3 , 1 6 8 . 0 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W O R K S 0 . 0 0 6 , 9 8 8 . 8 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E C R E A T I O N 0 . 0 0 7 2 9 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y C L R K O F C 0 . 0 0 2 4 9 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P R L Y - Y E L A V C H 0 . 0 0 6 1 4 . 4 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y M A N A G E R 0 . 0 0 3 4 5 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - W E S T L A W 0 . 0 0 1 2 6 . 1 3 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - N O N D P T F D E X 0 . 0 0 2 2 . 1 4 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - A D V P L A N N I N G 0 . 0 0 3 0 7 . 2 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P L A N N I N G C O M 0 . 0 0 2 , 4 3 8 . 4 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C O M D E V 0 . 0 0 1 , 1 3 9 . 2 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - L I T I G A T I O N 0 . 0 0 4 0 4 . 0 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - O F C / C T Y C N C L 0 . 0 0 9 6 9 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - P U B L I C W O R K S 0 . 0 0 5 5 7 . 5 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - R E C R E A T I O N 0 . 0 0 8 3 7 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C T Y C L E R K S O F C 0 . 0 0 4 4 4 . 6 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C T Y M A N A G E R 0 . 0 0 8 0 . 8 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - M E D M A R I J U A N A 0 . 0 0 2 , 2 9 2 . 5 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - I N N A T S A R A 0 . 0 0 2 , 0 3 1 . 4 0 56 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 5 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 2 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 5 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 1 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - P L A N N I N G C O M 0 . 0 0 4 0 . 4 0 11 1 1 1 1 1 7 8 3 4 0 5 / 2 0 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - A D V P L A N N I N G 0 . 0 0 8 0 . 8 0 TO T A L C H E C K 0 . 0 0 2 6 , 8 6 8 . 2 5 11 1 1 1 1 1 7 8 3 5 0 5 / 2 0 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 M O U N D C L A Y - P A R K S 0 . 0 0 2 4 2 . 1 5 11 1 1 1 1 1 7 8 3 6 0 5 / 2 0 / 1 1 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 L E G A L L I N E R # 3 9 7 1 0 4 6 0 . 0 0 1 2 6 . 4 8 11 1 1 1 1 1 7 8 3 6 0 5 / 2 0 / 1 1 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 L E G A L L I N E R # 3 9 7 1 0 5 4 0 . 0 0 9 1 . 1 4 11 1 1 1 1 1 7 8 3 6 0 5 / 2 0 / 1 1 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 2 2 0 1 L E G A L L I N E R # 3 9 4 3 0 9 4 0 . 0 0 1 3 7 . 6 4 TO T A L C H E C K 0 . 0 0 3 5 5 . 2 6 11 1 1 1 1 1 7 8 3 7 0 5 / 2 0 / 1 1 5 0 0 S W A T I S A V A L E 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 8 3 8 0 5 / 2 0 / 1 1 7 1 0 T H E B A N K O F N E W Y O R K M E L 3 1 1 8 6 0 1 B O N D S E R I E S 2 0 0 1 - F E E 0 . 0 0 7 9 5 . 0 0 11 1 1 1 1 1 7 8 3 9 0 5 / 2 0 / 1 1 3 1 3 T H E M E R C U R Y N E W S 1 1 1 2 2 0 1 0 4 / 2 3 / 1 1 - L E G A L L I N E R S 0 . 0 0 1 , 4 7 0 . 8 0 11 1 1 1 1 1 7 8 4 0 0 5 / 2 0 / 1 1 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 1 2 5 A D M I N F E E 0 5 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 8 4 1 0 5 / 2 0 / 1 1 3 4 3 T M T E N T E R P R I S E S I N C 1 1 1 5 3 0 1 S A N D Y L O A M - P A R K S 0 . 0 0 6 5 . 5 6 11 1 1 1 1 1 7 8 4 2 0 5 / 2 0 / 1 1 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S W E E P S V C 0 4 / 1 1 0 . 0 0 7 4 2 . 9 2 11 1 1 1 1 1 7 8 4 2 0 5 / 2 0 / 1 1 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 M N T H L Y S T S W E E P 0 4 / 1 1 0 . 0 0 7 , 4 8 9 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 2 3 1 . 9 2 11 1 1 1 1 1 7 8 4 3 0 5 / 2 0 / 1 1 4 0 2 V I S T A L A N D S C A P E & M A I N T E 4 8 1 9 1 1 1 - 0 0 1 W A L L / S A R A - S U N V A L E R D 0 . 0 0 4 , 2 2 0 . 0 0 11 1 1 1 1 1 7 8 4 4 0 5 / 2 0 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 J A N I T O R I A L S V C S 4 / 2 9 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 7 8 4 4 0 5 / 2 0 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 J A N I T O R I A L S V C S 4 / 1 5 0 . 0 0 1 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 7 8 4 5 0 5 / 2 0 / 1 1 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 1 1 0 . 0 0 8 4 2 . 8 8 11 1 1 1 1 1 7 8 4 5 0 5 / 2 0 / 1 1 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 1 2 0 . 0 0 2 8 0 . 9 6 TO T A L C H E C K 0 . 0 0 1 , 1 2 3 . 8 4 11 1 1 1 1 1 7 8 4 6 0 5 / 2 0 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 1 2 3 . 7 5 11 1 1 1 1 1 7 8 4 6 0 5 / 2 0 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 7 4 2 . 5 0 TO T A L C H E C K 0 . 0 0 8 6 6 . 2 5 11 1 1 1 1 1 7 8 4 7 0 5 / 2 0 / 1 1 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 2 0 1 F I R S T A I D S P L Y - S T R E E T 0 . 0 0 4 7 . 9 4 11 1 1 1 1 1 7 8 4 7 0 5 / 2 0 / 1 1 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 3 0 1 F I R S T A I D S U P L Y - P A R K S 0 . 0 0 4 7 . 9 3 TO T A L C H E C K 0 . 0 0 9 5 . 8 7 TO T A L C A S H A C C O U N T 0 . 0 0 5 0 4 , 7 1 5 . 9 9 TO T A L F U N D 0 . 0 0 5 0 4 , 7 1 5 . 9 9 TO T A L R E P O R T 0 . 0 0 5 0 4 , 7 1 5 . 9 9 57 MEETIN DEPART PREPAR SUBJEC RECOM Review an REPORT California City of S submit to disbursem Sectio Clerk file a The follo collective the State T FISCAL Cash and As of Ap deposit w cash flow allowed to exceeds th NG DATE: TMENT: RED BY: T: Treasur MENDED A nd accept the T SUMMARY a government Saratoga, Arti o the City C ments, and fun on 41004. R k a written rep copy with the wing attachm ely as well as Treasurer’s O IMPACT d Investments pril 30, 2011, with LAIF. Co w purposes, to o fall below $ he minimum SA June 1, 2011 Finance & A Ann Xu, Acc rer’s Report ACTION Treasurer’s R Y t code section icle 2-20, Se Clerk and the nd balances. Regularly, at l port and accou e legislative b ments provide specifically f Office of Quar s Balance by F the City had ouncil Policy avoid occurr $2,000,000. T limit required Unrestrict Comerica Deposit wi Total Unr ARATOGA Administrative countant for the Mont Report for the n 41004 requ ction 2-20.03 e legislative east once eac unting of all body. e various fina for the City’s rterly LAIF ra Fund d $1,492,576 on operating rence of dry p The total poo d. ted Cash Bank ith LAIF restricted Ca Cas A CITY C e Services th Ended Ap e month ende uires that the 35, designate body a writ ch month, the receipts, disb ancial transac General (Op ates from the in cash depo g reserve fund period financin oled cash bala ash sh Summary OUNCIL AGENDA CITY M DEPT H pril 30, 2011 d April 30, 20 City Treasur es the City M tten report a e City Treasu bursements, a ction data for perating) Fund 1st Quarter of osit at Come ds, adopted on ng, pooled ca ance as of Ap 1,49$ 13,98$ 15,472$ A ITEM: MANAGER: HEAD: Mary F 011. rer (the Mun Manager as th and accountin urer shall subm and fund balan r the City of d, including a f 1977 to pres erica bank, an n April 20, 19 ash from all fu pril 30, 2011 i 92,576 80,205 2,781 Dave Ander Furey nicipal Code o he City Trea ng of all rec mit to the Cit nces. He sha f Saratoga’s F an attachment sent. nd $13,980,2 994, states tha funds should n is $15,472,78 rson of the asurer) ceipts, ty all Funds t from 05 on at: for not be 81 and 58 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash15,472,781$ Plus: Assets539,958 Less: Liabilities (1,163,544) Ending Fund Balance14,849,195$ Adjusting Cash to Ending Fund Balance 59 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/ (Decrease) Jul-Mar Current Revenue Current Expenditure Transfers Fund Balance 4/30/11 General Undesignated Unreserved Balance1,284,366 (1,467,940) 3,732,197 1,733,457 106,000 2,249,766 Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 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) - - - 422,380 Designated for Environmental 563,182 (50,000) - - - 513,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve300,000 - - - (50,000) 250,000 Designated for Capital Project Reserve126,983 - (51,983) 75,000 Designated for CIP Matching Grant600,000 - - - (600,000) - Designated for Carryforward68,600 (68,600) - - - - Subtotal 8,010,679 (1,796,540) 3,732,197 1,733,457 (595,983) 7,945,497 Special Revenue Landscape/Lighting Districts440,391 (10,938) 46,159 66,226 - 409,386 CDBG Federal Grants(9,621) 238,651 10,889 - (196,369) 43,550 SHARP Loan210,034 533 - - - 210,567 Capital Project Street Projects2,169,661 (673,448) 164,066 100,198 523,352 2,083,433 Park and Trail Projects653,880 (124,421) 393,300 14,690 75,000 983,069 Facility Improvement Projects525,256 (206,007) - 29,367 751,360 1,041,241 Administrative Projects224,773 (67,670) - 4,453 - 152,651 Tree Fund16,985 (5,110) 190 - 25,000 37,064 CIP Grant Street Repair Projects(118,073) (173,716) (14,174) 37,685 - (343,649) CIP Grant Park & Trail Projects(46,013) (341,282) 288,865 73,186 - (171,616) CIP Grant Administration - - - 901 - (901) Gas Tax Fund279,470 390,304 - 81,605 (106,000) 482,169 Debt Service Library Bond 892,593 (512,782) 10,487 - - 390,299 Internal Service Fund Liability/Risk Management244,562 (95,472) 49,618 16,403 (50,000) 132,304 Workers Compensation198,592 18,998 53,900 46,634 (25,000) 199,856 Office Stores Fund26,830 (3,361) 8,419 5,834 - 26,055 Information Technology Services 213,940 27,722 100,000 43,923 - 297,739 Equipment Maintenance54,258 7,171 50,000 27,909 - 83,520 Building Maintenance202,570 48,214 180,692 69,093 - 362,383 Equipment Replacement236,229 71,723 25,000 - (25,000) 307,951 Technology Replacement186,686 3,426 12,500 983 (25,000) 176,628 Trust/Agency Library Fund351,360 - - - (351,360) - KSAR - Community Access TV109,842 (109,842) - - - - Total City15,074,883 (3,313,848) 5,112,106 2,352,546 - 14,849,195 60 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/10 Increase/ (Decrease) Jul-Mar Current Revenue Current Expenditure Transfers Fund Balance 4/30/11 Street Projects Traffic Safety168,497 (125,469) - 20,025 90,887 113,890 Highway 9 Safety Project50,008 (10,288) 130,082 28,483 - 141,319 Annual Street Resurfacing Project529,434 (250,218) 33,985 34,789 (65,000) 213,411 Sidewalks Annual Project87,092 (10,398) - 14,602 1,581 63,674 2010 VTA - FED STP Grant- - - - 65,000 65,000 Saratoga Sunnyvale Road Resurfacing99,011 - - - - 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - 90,000 Fourth Street Bridge100,000 - - - 100,000 Quito Road Bridge Replacement Design9,730 - - 2,300 7,430 Quito Road Bridge Construction214,470 - - - 214,470 Village Façade Program978 - - - 978 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair50,000 (31,994) - - (18,006) - Annual Storm Drain Upgrade53,883 (15,150) - - 786 39,518 Village Trees & Lights at Sidestreets25,336 (25,336) - - - Prospect Road Median51,663 (972) - - (50,000) 691 City Entrance Sign/Monument23,788 - - - (23,788) - Padero Erosion Mitigation- - - - 50,000 50,000 Monte Vista Storm Drain- (91,138) - - 92,220 1,082 Canyon View/Elva Drain- - - - 35,000 35,000 Village-Streetscape Impv 549,952 (33,189) - - (16,029) 500,735 Village-Phase II Design- - - - 33,400 33,400 Village-Phase II Construction- - - - 223,400 223,400 Saratoga-Sunnyvale/Gateway Sidewalk4,107 (79,295) - - 103,900 28,712 Total Street Projects2,169,661 (673,448) 164,066 100,198 523,352 2,083,433 Parks & Trails Hakone Garden Koi Pond15,600 (9,875) - - 5,725 EL Quito Park Improvements27,571 (1,852) - 14,690 11,029 Historical Park Landscape50,588 (53,097) 2,509 - - Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - 250,000 - 375,000 Park Restroom Improvement- - 57,589 - 57,589 West Valley Soccer Field(8,202) - 8,202 - - Park/Trail Repairs23,762 (5,703) - - 18,059 Playground Safety Equipment- (8,680) - - 50,000 41,321 Blaney Plaza Improvements- (18,473) - - 25,000 6,527 Ravenswood Playground Improvement- (42) 75,000 - - 74,958 Tank Trail Repair26,731 (26,700) - - 31 Mid Pen O/S Land Purchase250,000 - - - 250,000 Total Parks & Trails653,880 (124,421) 393,300 14,690 75,000 983,069 Facility Improvements Facility Projects84,580 (8,802) - 85 110,062 185,755 Civic Center Improvement20 - - - (20) - Theater Improvement71,472 12,847 - 24,447 5,935 65,808 Senior Center Minor Building Improvement- (1,050) - - 1,050 - Senior Center Furniture & Fixture- (23,569) - 2,495 28,000 1,936 Portable Building Gutters- (2,460) - - 2,460 - North Campus Improvements3,920 (51,821) - 2,341 175,000 124,758 HVAC System Upgrade117,949 (117,016) - - (932) - Corp Yard Solar Project93,250 - - - 93,250 Vehicle Structure Solar125,000 - - - 125,000 Library Improvement15,000 (3,233) - - 351,360 363,127 SPCC Furniture & Fixture4,065 (3,490) - - 3,746 4,320 Museum Storage Bldg- (1,848) - - 2,000 152 Hot Water Pump- - - - 2,500 2,500 Electric Upgrades- - - - 5,200 5,200 Electric Charging Station- - - - 65,000 65,000 McWilliams House Improvement10,000 (5,565) - - 4,435 Total Facility Improvements525,256 (206,007) - 29,367 751,360 1,041,241 Administrative Projects Financial System Upgrade3,534 - - - 3,534 Document Imaging Project85,183 (2,236) - 1,145 81,803 CDD Document Imaging Project31,989 (6,744) - 2,338 22,907 CMO Document Imaging Project8,887 (3,689) - 970 4,228 Telecommunication System55,000 (55,000) - - - IT Emergency Power Back40,180 - - - 40,180 Total Administrative Projects224,773 (67,670) - 4,453 - 152,651 Tree Fund Citywide Tree Planting16,985 (4,882) 190 - 12,292 Tree Dedication Program- (228) - - 25,000 24,772 Total Tree Fund16,985 (5,110) 190 - 25,000 37,064 CIP Grant Street Repair Projects (118,073) (173,716) (14,174) 37,685 (343,649) CIP Grant Park & Trail Projects (46,013) (341,282) 288,865 73,186 (171,616) CIP Grant Administration - - - 901 (901) Gas Tax Fund 279,470 390,304 - 81,605 (106,000) 482,169 Total CIP Funds3,705,938 (1,201,350) 832,247 342,085 1,268,711 4,263,461 61 ATTACHMENT C MarchJuneSeptemberDecember 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 Quarterly Apportionment Rates Local Agency Investment Fund 62 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Fiscal Year 2011/12 Gann Appropriation Limit RECOMMENDED ACTION Review report and adopt resolution approving the Gann Appropriations Limit for FY 2011/12. REPORT DISCUSSION Background On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This proposition, which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit on the amount of tax revenues that the State and most local government jurisdictions may appropriate within a fiscal year. This limit grows annually by a population and cost-of-living factor. The State Appropriation Limit was since modified by two subsequent initiatives - Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to citizens through a process of refunds, rebates, or other means. Proposition 111 allowed more flexibility in the appropriation calculation factors. Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to January 1, 1979, and for the cost of compliance with court or Federal government mandates. The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal year using population and per capita personal income data provided by the State of California’s Department of Finance. Each year’s limit is based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in population and the cost of living. Calculation The California Department of Finance issues a letter with the annual percentage change in California’s per capita personal income and the percentage change in population in both the City and the County to jurisdictions on May 1st each year. Either the City or County’s population factor may be used in the appropriation calculation together with the California per capita Personal Income change factor. Using the larger population factor increases the limit to a higher dollar amount, however due to the significant variance between tax revenue and the appropriation limit, and the minimal difference between the two factors, the County population factor is used for consistency regardless of which factor is larger. 63 The County’s percentage increase in population change is combined with the State’s change in per capita income to determine the City’s appropriation factor. The current year’s appropriation limit is then increased by this appropriation factor to calculate the Gann Appropriation Limit for the following fiscal year. The calculation for the FY 2011/12 limit is as follows: Summary: The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may appropriate in the following fiscal year. The City’s proposed budget for FY 2011/12 anticipates $9,728,000 in Gann designated tax revenues, which is $22,179,666 less than the appropriation limit of $31,907,666. Conclusion: It is recommended that the Council adopt the resolution approving the FY 2011/12 Gann Appropriation Limit of $31,907,666. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Article XIIIB of the State of California Constitution. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A - Gann Appropriation Limit Factors and Calculation B – Resolution % Increase in California 2010/11 2011/12 County Per Capita Appropriation Appropriation Appropriation Population Income Δ Factor Limit Limit 1.0089 X 1.0251 =1.0342 X 30,851,813$ =31,907,666$ FY 2011/12 Calculation 64 Attachment A For Beginning County City California Ending % YE Population Population Per Capita Limit Limit Factor Factor Income Δ Limit Increase 2002 20,977,606 1.0147 1.0055 1.0782 22,950,540 9.40% 2003 22,950,540 1.0125 1.0191 0.9873 23,092,833 0.62% 2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61% 2005 23,694,794 1.0072 1.0000 1.0328 24,471,983 3.28% 2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57% 2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31% 2008 27,203,516 1.0152 1.0138 1.0442 28,837,681 6.01% 2009 28,837,681 1.0172 1.0077 1.0429 30,592,104 6.08% 2010 30,592,104 1.0156 1.0070 1.0062 31,261,971 2.19% 2011 31,261,971 1.0126 1.0100 0.9746 30,851,813 -1.31% 2012 30,851,813 1.0089 1.0091 1.0251 31,907,666 3.42% % Increase in California 2010/11 2011/12 County Per Capita Appropriation Appropriation Appropriation Population Income Δ Factor Limit Limit 1.0089 X 1.0251 =1.0342 X 30,851,813$ =31,907,666$ 2011/12 2011/12 Percentage Tax Appropriation of Revenues Limit Limit 9,728,000 /31,907,666$ =30% APPROPRIATION LIMIT FACTORS AppropriationAppropriation June 30 FY 2011/12 Calculation Percentage of Appropriation 65 Attachment B RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2011/12 GANN LIMIT APPROPRIATION FOR THE CITY OF SARATOGA WHEREAS, the City of Saratoga has established its Base Year Appropriation Limit as $5,961,747 in Fiscal Year 1978/79; and WHEREAS, the cumulative changes to population and to the California per capita personal income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation Limit as $16,153,314, and WHEREAS, to the best of the City’s knowledge and belief, the State Department of Finance figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the appropriate statistics relevant to the calculation of the Fiscal Year 2011/12 Appropriation Limit, which includes: • County population adjustments for the year ended December 31, 2010 equal to .89%, and • City population adjustment for the year ended December 31, 2010 equal to .91%, and • Change in California per capita cost of living for fiscal year 2011/12 equal to 1.0251% NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of the State of California, the following figure accurately represents the Fiscal Year 2011/12 Appropriation Limit for the City of Saratoga at: $31,907,666 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of June 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 66 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Adoption of Fiscal Year 2011/12 Operating & Capital Budget and the Environmental Impact Assessment for new CIP projects RECOMMENDED ACTIONS 1. Adopt resolution approving the Proposed FY 2011/12 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to minor corrections, carryforward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 2. Adopt attached Environmental Impact Assessment for new projects included in the FY 2011/12 CIP update. BACKGROUND The City’s Proposed Operating and Capital Budgets reflect both revenue and expenditure appropriations which provide for the City’s service operations, administration, obligations, and infrastructure improvement projects. The City’s Operating Budget document is structured into a departmental format which defines departmental oversight, key program services, and significant projects or initiatives for the fiscal year. Summary level revenue and expenditure budget appropriations and assigned personnel schedules for proposed, current and prior years are included within each departmental program to identify the resources used to provide these services and operations, and for historical reference. The Financial Summaries section of the Operating Budget document compiles the individual financial and staffing information into summary schedules to provide readers with a consolidated view of funding sources and uses from different perspectives, including departmental, fund type, and category. The City’s Capital Budget document is structured into four program areas, (Streets, Parks & Trails, Facilities, and Administrative Improvement Projects) which are further categorized by either the type of infrastructure improvement in the Streets and Administrative Improvement programs, or by site in the Parks & Trails and Facilities programs. The Capital Improvement Plan represents a multi-year work plan for major capital expenditures and related funding sources, to improve and maintain the various types of city infrastructure. To remain in compliance with the California Environmental Quality Act (CEQA) requirement to ensure an assessment of the environmental impacts of new projects has been made by the governing body, an Environmental Impact Assessment report is also included in this report for adoption by Council. 67 REPORT DISCUSSION Budget Status A public hearing was held on May 18, 2011 to review the City of Saratoga’s proposed operating and capital budgets and to obtain community input. The FY 2011/12 Proposed Operating Budget sustains service levels, operations, and obligations as are currently in place, with a few exceptions. Services will be impacted by: the elimination of the Assistant City Manager position; the reduction of five full-time staff to part-time status; and potentially by 13 days of furlough for the remainder of the City’s full-time staff. The furlough days are a placeholder for alternative savings which may be obtained through employee negotiations currently underway. Temporary staff hours were also reduced to reflect the anticipated reduction in working hours. These staffing reductions are in addition to the five positions which were eliminated over the last four years and all of the prior year operating budget expenditure reductions. Altogether, these reductions are impacting services and workload; however adjustments have and will continue to be made to continue service levels as efficiently as possible. Budget Appropriations The Operating & Capital Budget’s Financial Summaries is comprised of schedules which illustrate summary level revenue and expenditures information. The first summary schedule is the Total Fund Activity Schedule and is shown on the following page. It illustrates the proposed budget’s activities in each fund, and is categorized by fund group. Activity begins with the estimated July 1, 2011 fund balance, then adds and subtracts all budgeted activity, and ending with the estimated year end fund balance at June 30, 2012. This Total Fund Activity Summary schedule categorizes the City’s different funds by function. Operating Funds support the City’s general operations, restricted revenue programs and services, and internal support services. Debt Service Funds account for the funding and payment of the City’s bond debt, and Trust & Agency Funds account for funds held in a trustee capacity; not to be used for City purposes. Capital Funds are used to account for major acquisition and construction of asset expenditures, in order to separate one-time activity from ongoing operational activities. As shown, the Operating Budget’s Total Expenditures and Transfers-Out exceed Total Revenues and Transfers-In. This is a consequence in part, of transferring out prior year operating fund surpluses to the Capital Project Funds. Other fund expenditures may also be budgeted higher than revenues in some budget years. This often occurs in a replacement Internal Service Fund, where funding receipts are less than amounts budgeted for replacement during any given fiscal year. It will also occur if the Internal Service Fund (ISF) includes current year contingency funding which may or may not be expended. This is typical in the Building Maintenance ISF to allow for urgent repairs to be made if needed, while avoiding a continual build-up of fund balance if repairs are not needed. Of further note: Capital Improvement Plan projects are often multi-year operations with fiscal year ending balances that roll forward into the following year. Therefore, as the Beginning Fund Balances on this schedule are estimated year-end balances set two months prior to the end of the fiscal year, many project numbers will change. This in turn will change the revenue and expenditure budgeted numbers. 68 Total Fund Activity Summary FY 2011/12 Estimated Revenues Expenditures Source (Use)Estimated Fund Balance && of Fund Balance Fund Category July 1, 2011 Transfers In Transfers Out Fund Balance June 30, 2012 Operating Funds General Fund Reserve for Petty Cash 1,300 - - - 1,300 Designated for Operations 2,903,522 - - 18,000 2,921,522 Economic Uncertainty 1,500,000 - - - 1,500,000 Environmental Reserve 513,182 - - (50,000) 463,182 Development Reserve 632,380 - - (210,000) 422,380 Uncollected Deposits 44,791 - - - 44,791 Carryforward Reserve 166,900 - - (31,900) 135,000 Capital Projects Reserve 500,000 - - (160,000) 340,000 CIP/Matching Reserve - - - - - Hillside Stability Reserve 500,000 - - - 500,000 Undesignated Fund Balance 512,588 15,249,398 (15,652,347) 433,900 543,538 Total General Fund 7,274,663 15,249,398 (15,652,347) - 6,871,714 Special Revenue Funds CDBG Program Fund - 206,409 (206,409) - - SHARP Program Fund - - - - - Landscape & Lighting Districts 453,509 486,394 (641,518) - 298,384 Internal Service Funds Liability/Risk Management 98,510 377,000 (403,631) - 71,879 Workers Compensation 200,059 225,000 (233,035) - 192,024 Office Support Services 18,795 52,000 (52,250) - 18,545 IT Services 226,153 400,000 (429,723) - 196,430 Vehicle & Equipment Maintenance 42,840 200,000 (217,321) - 25,519 Building Maintenance 212,205 725,000 (712,761) - 224,444 Vehicle & Equipment Replacement 316,230 100,000 - - 416,230 IT Equipment Replacement 186,243 50,000 (79,200) - 157,043 Total Operating Funds 9,029,207$ 18,071,201$ (18,628,196)$ -$ 8,472,211$ Debt Service 2001 Series GO Bonds 853,336 953,600 (1,047,556) - 759,380 Total Debt Service 853,336$ 953,600$ (1,047,556)$ -$ 759,380$ Trust & Agency Funds Library Capital Improvement - - - - - KSAR - - - - - Total Trust & Agency Funds -$ -$ -$ -$ -$ TOTAL OPERATING BUDGET 9,882,542$ 19,024,801$ (19,675,752)$ -$ 9,231,591$ Capital Funds Street Projects 1,134,263 6,485,220 (7,405,391) - 214,091 Park & Trail Projects 547,782 1,378,835 (1,926,617) - - Facility Projects 851,870 277,877 (1,099,746) - 30,001 Administrative Projects 127,703 57,174 (184,877) - - Total Capital Funds 2,661,618$ 8,199,106$ (10,616,631)$ -$ 244,092$ TOTAL ALL FUNDS 12,544,160$ 27,223,907$ (30,292,383)$ -$ 9,475,683$ 69 In the Capital Budget, the total of beginning fund balance and new revenues are typically fully appropriated as expenditures, leaving a fund balance of zero in each of the Capital Project funds. This method of full appropriation provides flexibility to allow the full funding for the project to be encumbered under contract if needed (as project work extends beyond fiscal year boundaries). In some cases budgeted funding is extended out into future years if work is planned for out-years. The result of this method of capital budgeting is to start the year with a fund balance and end with almost zero fund balance (as well as budgeting higher revenue and expenditure appropriations than will actually occur). Budget Adjustments Throughout the year, Council may approve both Operating and Capital Budget adjustments for additional initiatives or projects. Within the Operating Budget, the Council approves the budget at the Fund level, meaning the City Manager is authorized to make program and account changes within a fund, however Council approval is required for adjustments that would either increase or decrease fund appropriations. The Capital Budget is authorized at the project level, meaning Council approval is required for both appropriation dollar changes and project scope changes. As a budget simplification, projects are typically budgeted with total expenditure appropriations accounted for in one project construction account, whereas actual expenditures are accounted for in the appropriate capital expense account. As a contingency built into the budget resolution, if at project close, an immaterial project balance remains, the amount will be transferred out to the annual Streets Resurfacing project in the Streets Program, to the Annual Park & Trail Maintenance project in the Parks & Trail program, to the Annual Facility Improvement project in the Facility Program, and to the Manager’s Records Management project in the Administrative Improvements program. If the ending balance is material, a fund balance transfer to another project or back to the General Fund Capital Reserve will be requested for approval from the Council. This methodology simplifies project closure while still retaining appropriated funding in the original capital project fund. General Fund The General Fund is the main operating fund used to account for the majority of the City’s operations. The following two charts provide a graphical overview of the budgetary appropriations for General Fund revenues and expenditures by category. The schedules below each graph provide summary level financial data for the proposed budget year (gray column), as well as the current and two prior fiscal years for historical reference. As you can see on the following page, the General Fund Revenue and Transfers In chart includes additional funding from designated reserves to clearly identify the total General Fund sources which offset the total General Fund uses. The second chart; General Fund Expenditures and Transfers Out shows that Total Uses is slightly less than Total Sources, leaving us with a balanced General Fund budget. 70 General Fund Revenues & Transfers In By Category FY 2011/12 FY 2008/09 FY 2009/10 FY 2010/11 FY 2010/11 FY 2011/12 % of Revenue Category Actuals Actuals Adjusted Estimated Proposed Total Property Tax 8,155,362$ 8,194,364$ 8,022,600$ 7,916,706$ 7,979,050$ 52.3% Sales Tax 1,043,034 954,574 910,000 1,045,242 1,025,000 6.7% Transient Occupancy Tax 151,378 144,151 120,000 150,000 150,000 1.0% Business & Other Taxes 511,675 415,889 425,000 405,000 415,000 2.7% Franchise Fee Tax 1,656,716 1,663,657 1,652,000 1,699,346 1,695,000 11.1% Intergovernmental 303,212 357,887 267,000 317,987 298,000 2.0% Fees, Licenses & Permits 1,186,319 1,111,879 1,043,300 1,146,470 1,049,065 6.9% Charge for Services 1,670,175 1,499,533 1,532,035 1,686,015 1,609,681 10.6% Interest 362,588 97,044 60,000 60,000 60,000 0.4% Rental Income 366,619 444,262 436,320 443,461 455,302 3.0% Other Sources 467,124 361,808 617,200 560,788 378,750 2.5% Total Revenues 15,874,201$ 15,245,049$ 15,085,454$ 15,431,016$ 15,114,848$ 99.1% Fund Transfers In 153,732 325,842 224,550 224,550 134,550 0.9% Total Revenues & Transfers 16,027,933$ 15,570,891$ 15,310,004$ 15,655,566$ 15,249,398$ 100.0% Funding from Use of Designated Funds Theater Surcharge Deposit 53,167 - - - - Funding Carryforward 58,386 22,000 68,600 68,600 31,900 Development Reserve 75,000 75,000 210,000 - 210,000 Environmental Reserve 66,735 50,000 50,000 50,000 50,000 CIP Reserve 1,400,000 550,000 726,983 726,983 160,000 Hillside Reserve - - 50,000 50,000 - Use of Undesignated Funds - 25,000 95,000 95,000 - Total Operating Sources 17,681,221 16,292,891 16,510,587 16,646,149 15,701,298 71 The FY 2011/12 General Fund proposed budget appropriations reflect net sources (revenues, transfers in, carryforward, and designated fund balance funding) exceeding uses (expenditures and transfers out to other funds) by $48,951. The FY 2011/12 General Fund proposed budget revenues reflect $316,000 less than the current year’s estimated revenues, primarily due to reductions in sales tax, planning and permit fees, and the elimination of the billing reimbursement from the Sheriff’s Office. Under Council policy, one-third of the Development Reserve ($210,000) will be used to offset the shortfall in development revenues resulting from the economic downturn. Additionally, $50,000 of the Environmental Reserve for Solid Waste diversion programs is utilized each year, and $160,000 will be transferred from the CIP reserve to fund approved CIP projects. Carryforward funds will provide for the community grants approved by Council in FY 2010/11. General Fund Expenditures & Transfers Out By Category FY 2011/12 FY 2008/09 FY 2009/10 FY 2010/11 FY 2010/11 FY 2011/12 % of Expenditure Category Actuals Actuals Adjusted Estimated Proposed Total Salary & Benefits 6,485,451$ 6,303,927$ 6,639,680$ 6,582,508$ 6,507,796 41.6% Materials & Supplies 216,062 154,010 174,858 153,947 166,015 1.1% Fees & Charges 619,648 671,493 754,069 727,201 727,336 4.6% Consultant & Contract Services 5,985,878 5,884,326 6,012,896 6,015,648 5,884,392 37.6% Meetings, Events & Training 74,204 47,808 71,975 65,720 50,625 0.3% Community Grants & Events 162,669 203,758 181,376 171,364 156,434 1.0% Fixed Assets 30,105 - - - - 0.0% Internal Services Charges 2,189,343 1,873,576 1,798,212 1,798,212 1,899,749 12.1% Total Expenditures 15,763,360$ 15,138,898$ 15,633,066$ 15,514,599$ 15,392,347$ 98.3% Fund Transfers Out:1,571,727 650,000 876,983 876,983 260,000 1.7% Total Expenditures & Transfers 17,335,086$ 15,788,898$ 16,510,049$ 16,391,582$ 15,652,347$ 100.0% 72 Budgeted General Fund expenditures reflect a $122,000 decrease from FY 2010/11, primarily due to decreases in budgeted salary and benefits (stemming from the elimination of one position and the additional ten furlough days from the prior year), and from the revised Sheriff’s Office contract. Even with staffing and salary reductions, overall budgeted expenses did not decrease significantly from last year due to increases in CalPERS employer rates, medical insurance premiums, and staff’s cost-of-living increase. For salary and benefits, most staff is budgeted at the top step, and temporary staff is budgeted at their actual pay rate – as some positions are not in an established range. In past years, the highest cost medical plan was used to calculate benefits so as to build in a buffer for unknown status changes and potential costs that could occur if employees were to choose the highest cost medical plan. While this methodology provides consistency for budgeting, it was modified this year to reflect each employee’s actual insurance premium rates. Because most staff members do not use the most expensive medical plan, this change reduced budgeted expenditures. Overall, the General Fund Operating Budget’s expenditures reflect continuing reductions in staff time, operating materials, supplies, fees, and services where available without significantly impacting community services, in order to offset areas of increase. Any additional changes as a result of direction from Council and/or identified by staff as a clean-up item will be included in the final budget document, per Council’s adoption of the FY 2011/12 Operating & Capital Budget resolution at the June 1, 2011 Council Meeting. Of final note is that the Proposed Operating and Capital Budget reflects estimated year-end balances for FY 2010/11, whereas the final budget document will be adjusted to actuals prior to publication and posting so as to provide the public with accurate information for future year’s reference. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not adopt an Operating & Capital Budget for FY 2011/12. ALTERNATIVE ACTION N/A FOLLOW UP ACTIONS 1. Prepare FY 2011/12 Adopted Operating & Capital Summary and Detail Budget documents as directed by Council. 2. Monitor revenues and expenditures and provide quarterly reports and updates as necessary to Finance Committee and Council. ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and 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 A: Resolution to Adopt the Fiscal Year 2011/12 Operating & Capital Budget 73 Attachment A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE FISCAL YEAR 2011/12 OPERATING & CAPITAL BUDGET WHEREAS, the City Council held a public hearing on the Proposed Operating & Capital Budget for Fiscal Year 2011/12 on May 18, 2011; WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City Manager to prepare and submit the proposed annual budget to the City Council for its approval; WHEREAS, the Planning Commission has conducted an annual review of proposed new capital projects for consistency with the City’s general plan; and WHEREAS, after the Planning Commission’s approval of the proposed new projects the City Manager did submit a proposed budget for FY 2011/12 to the City Council; and WHEREAS, the City Council has considered and, upon consensus may provide direction for modifications to the proposed budget during a public hearing; and WHEREAS, the City Council gave staff direction to adopt the Fiscal Year 2011/12 operating and capital budgets as proposed; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby adopts the Fiscal Year 2011/12 Operating & Capital Budget as shown in the Total Fund Activity Summary schedule in the budget adoption report; AND BE IT FURTHER RESOLVED, that the final adopted budget includes carry-forward appropriations for prior year capital projects, identified funding for specified expenditures, grants, and pass-through balances; that capital projects are in compliance with the General Plan; that there be carried forward from the prior year within each fund an amount sufficient to cover approved outstanding encumbrances as of June 30, 2011; AND BE IT FURTHER RESOLVED, that the City Council hereby directs staff that any changes or impacts resulting from: Council approval of the meet and confer process or management compensation plan; from classification adjustments or miscellaneous corrections; from changes due to more refined estimates, grant approvals, or claim reimbursements; from development fee based pass- through budget appropriations; or from further City Council consensus direction received on June 1, 2011 be incorporated within the final Fiscal Year 2011/12 Operating & Capital Budgets; 74 Attachment A AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is directed to record these changes into the City’s accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of June, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor City of Saratoga ATTEST: Ann Sullivan, City Clerk of the City of Saratoga 75 76 77 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Government Financial Officers Association Awards RECOMMENDED ACTION: That Council review report and accept the Governmental Finance Officers Association awards for the City of Saratoga’s Fiscal Year 2009/10 Comprehensive Annual Financial Report (CAFR) and Fiscal Year 2010/11 Operating and Capital Budget. BACKGROUND: The Government Finance Officers Association of the United States and Canada (GFOA) is a nonprofit professional association serving over 17,600 government finance professionals throughout North America. The GFOA sets national standards for excellence in financial reporting and establishes evaluation and award programs to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted accounting principles and prepare documents of the very highest quality. Under the award programs, state and local governments that succeed in preparing reports and budgets that reflect established standards, guidelines and best practices in the spirit of transparency and full disclosure are recognized for achieving that goal. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management CAFR reports submitted to the Certificate of Achievement for Excellence in Financial Reporting Program are reviewed by selected members of the GFOA professional staff and the GFOA Special Review Committee (SRC), which is comprised of individuals with expertise in public-sector financial reporting and includes financial statement preparers, independent auditors, academics, and other finance professionals. Budgets submitted to the Distinguished Budget Presentation Award Program are reviewed by selected members of the GFOA professional staff and by outside reviewers with experience in public-sector budgeting. REPORT SUMMARY: In April, the City of Saratoga received notification that the City’s CAFR for the fiscal year ended June 30, 2010 received a Certificate of Achievement for Excellence in Financial Reporting and that the Operating and Capital Improvement Budget for Fiscal Year 2010/11 received the GFOA’s Distinguished Budget Presentation Award. Staff is proud to note that the City received the CAFR award for the17th straight year, and is also proud to announce that the City received its first GFOA Budget Award since 1998. 78 FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A 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 A: FY 2009/10 CAFR Award Attachment B: FY 2010/11 Budget Award 79 80 81 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities Director DIRECTOR: Michael Taylor SUBJECT: Resolution Naming City Representatives to the ABAG PLAN Board RECOMMENDED ACTION(S): Adopt Resolution designating employees to the Association of Bay Area Government (ABAG) Pooled Liability Assurance Network (PLAN) Corporation Board of Directors. REPORT SUMMARY: Since 1968, the City of Saratoga has belonged to the ABAG PLAN. According to the ABAG PLAN Corporation Bylaws and memorandum of Coverage, the City Council designates appointees to serve and represent the City on the ABAG PLAN Board. The previous designee is no longer employed by the City and a new appointment is requested. FISCAL IMPACTS: Adoption of the Resolution will not have a direct financial impact. Participation on the ABAG PLAN Board of Directors is assumed as part of the employee’s regular duties and the Board Members do not receive any pay. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be represented on the ABAG PLAN Board. ALTERNATIVE ACTION: The Council may wish to designate different employees to serve on the ABAG PLAN Board. 82 2 FOLLOW UP ACTION: The designated employees will attend and represent the City at regular ABAG PLAN meetings. 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: A. Resolution appointing one director and one alternate to the ABAG PLAN Board of Directors 83 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities Director DIRECTOR: Michael Taylor SUBJECT: Updated Extension of Joint Use Agreement with Los Gatos – Saratoga Union High School District RECOMMENDED ACTION(S): Accept report and authorize City Manager to sign and execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. REPORT SUMMARY: At the May 18th meeting, Council approved an extension of the Joint Use Agreement with the Los Gatos-Saratoga Joint Union High School District. When staff returned to the District for signatures authorizing the contract, District Counsel informed staff that the District Board required additional language to be consistent with the District’s, “Fee Schedule for Use of District Facilities.” The sentence “These rates are subject to adjustments to the Fee Schedule for Use of District Facilities” was added to section 6 of the agreement to replace “Rates will be adjusted every year, beginning July 1, 2011, to reflect changes in the December-to-December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners rounded to the nearest $1.00 increment, provided that the rate increase in any year shall not exceed five percent (5%)” in the previous contract. Since 1988, the City of Saratoga has helped fund facility improvements at Saratoga High School. In the late 1980’s the City contributed $16,000 to help refurbish the 8 tennis courts at the high school. The City formalized a use agreement in 1996 when $10,000 was contributed towards the new track. In 1998 and 1999, the City contributed an additional $14,000 to help fund other projects. In exchange for the contribution, the City was able to use space at Saratoga High School for classes, league play, and camps. Over the years the Recreation Department has used the gymnasium, tennis courts, outdoor basketball courts, fields and classrooms. When the use agreement was formalized, room/field rental rates were agreed upon, and when the Recreation Department uses space, the balance from the City’s contribution is billed down. 84 2 When Saratoga High School began their new Aquatic Center project in 2000, they requested and received $150,000 towards the $1.5 million cost of the project. At that time, the City entered into a new five-year agreement with the high school district. The agreement expired in April 2005, and the agreement was renewed on a one-year basis at the request of the school. That agreement expired and is now being proposed for renewal. The balance in the City’s account for use at Saratoga High School as of 05/21/2011 is $39,708. The City Attorney has reviewed the revised agreement. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Recreation Department would not be allowed to use Saratoga High School facilities for programs. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: The City Manager will sign and execute the agreement. 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: A. City of Saratoga Joint Use Agreement with Los Gatos-Saratoga Union High School District UPDATED 85 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Contract Renewal for Geotechnical Consulting Services RECOMMENDED ACTION: Approve a two-year contract renewal with Cotton, Shires, and Associates, Inc. for Geotechnical Engineering Services and authorize City Manager to execute the same. REPORT SUMMARY: Cotton, Shires, and Associates, Inc. (CSA) have been providing geotechnical consulting services and hillside applications peer review services for the City for many years. They are a well- established professional consulting firm located in Los Gatos with extensive knowledge of local geologic conditions. They provide excellent services reviewing individual building sites to assist in establishing conditions of design review approval relating to identification, evaluation, and mitigation of geologic and geotechnical hazards. In addition, they provide engineering input to City sponsored projects and City owned property and right-of-way. They have been very responsive to emergency calls in connection with landslide hazards. Attached to the contract is a rate schedule applicable for the two-year duration of the contract. The rates charged to the City reflect a 30 percent reduction for peer review services and 10 percent reduction for consulting services CSA charges for private clients. It is therefore recommended that City Council approve an extension to the existing contract with Cotton, Shires, and Associates, Inc. for peer review services and on-call geotechnical engineering services for the City and authorize the City Manager to execute the same. FISCAL IMPACTS: Eighty percent of the Contract amount is a pass-through fee included in the development applications. Funding for the remaining 20 percent of the contract amount is included in the adopted budget. 86 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing contract would not be extended. ALTERNATIVE ACTION: The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION: The contract extension will be executed. 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: 1. Independent Contractor Agreement. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 25, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Contract Renewal for Municipal Traffic Engineering RECOMMENDED ACTION: Approve a two-year contract with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize City Manager to execute the same. REPORT SUMMARY: Fehr & Peers has been providing on-call Traffic Engineering services for the City since January 2002 and has performed their services well. They have thorough knowledge of traffic conditions in Saratoga and a strong ability to work with the public. Sohrab Rashid, the lead consultant to the City, and Franziska Church, Sr. Transportation Engineer/Planner, have done an excellent job working with the Traffic Safety Commission and with staff on various traffic issues and projects. Fehr & Peers has not increased their fees on the last contract with the City nor have they proposed increases for this contract period. Sohrab Rashid’s rate will be $200/hr, which includes a City discount of $30/hr, where Sohrab’s normal billing rate is $230/hr. It is therefore recommended that City Council approve the contract with Fehr & Peers for on-call Traffic Engineering Services and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding for the contract is included in the adopted Public Works operating budget at $80,000, $40,000 allocated for CIP projects as needed, and $10,000 for traffic engineering review of development projects paid through applicant deposit accounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended 118 Page 2 of 2 ALTERNATIVE ACTION (S): The Council could direct staff to solicit additional proposals FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Contract 119 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 1 of 21 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Fehr & Peers, Transportation Consultants ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on July 01, 2011 and extends through June 30, 2013 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor’s completion of the Scope of 120 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 2 of 21 Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by John Cherbone, Public Works Director ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may 121 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 3 of 21 designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Sohrab Rashid, P.E. Fehr & Peers 160 West Santa Clara Street Suite # 675 San Jose, CA 95113 Notices to City shall be sent to: Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 122 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 4 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________ Date: _________________ Print Name: _______________________ Position: ___________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit B-1 -- Rate Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements 123 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 5 of 21 Exhibit A – Scope of Work EXHIBIT A SCOPE OF WORK At the request of the Public Works Director or his or her designee, the consultant will perform traffic engineering services on behalf of the City in the following particulars: a) Traffic engineering services related to the Traffic Safety Commission ($40,000) b) Traffic engineering services for Capital Improvement Projects ($40,000) c) Traffic engineering peer review for development projects ($10,000 – paid as a deposit by project applicant) 124 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 6 of 21 Exhibit B– Payment EXHIBIT B PAYMENT 1. TOTAL COMPENSATION . City shall pay Contractor at the rates set forth on the attached rate schedule, exhibit B-1. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A – Scope of Work of this Agreement shall not exceed Ninety thousand dollars ($90,000) 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Hourly Rates schedule is shown on Exhibit B-1. Invoices shall be sent to the City no later than the 15th of the month following the month term being invoiced for. Invoices shall contain the following information: i. Serial identifications of bills for each applicant/project, i.e. Invoice No.1 on each individual invoice sheet. ii. Reference the City’s application number per applicant/project (as identified on the City transmittal cover sheets) on each individual invoice sheet. iii. The beginning and ending dates of the billing period on each individual invoice sheet. iv. A summary cover sheet containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 125 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 7 of 21 Exhibit B-1 – Rate Schedule EXHIBIT B-1 RATE SCHEDULE 126 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 8 of 21 Exhibit C – Facilities and Equipment EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 127 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 9 of 21 Exhibit D – General Provisions EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in amanner that conforms to the standards of quality normally observed by a person practicing in Contractor’s profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 128 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 10 of 21 Exhibit D – General Provisions 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor’s failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing 129 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 11 of 21 Exhibit D – General Provisions rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor’s family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City 130 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 12 of 21 Exhibit D – General Provisions that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor’s employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor’s employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS Property of City. All deliverables prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. Contractor shall not be liable for any modifications to documents prepared by Contractor which are made without Contractors’ advice after delivery of such documents to the City, nor shall Contractor be liable for their use by the City without 131 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 13 of 21 Exhibit D – General Provisions Contractors’ consent in projects other than the project they were specifically prepared for. a. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of 132 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 14 of 21 Exhibit D – General Provisions public record under California law, unless maintaining confidentiality would violate the law, create the risk of significant harm to the public, or prevent Consultant from establishing a claim or defense. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. , Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, reasonable costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the negligent performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor 133 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 15 of 21 Exhibit D – General Provisions expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor’s bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that 134 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 16 of 21 Exhibit D – General Provisions the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION In the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees and costs whether or not such action is prosecuted to judgement. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. 135 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 17 of 21 Exhibit D – General Provisions Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor’s obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 136 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 18 of 21 Exhibit D – General Provisions 137 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 19 of 21 Exhibit E - Insurance EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage ___ $ ____________ per person/$__________ per accident for bodily injury 138 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 20 of 21 Exhibit E - Insurance ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . 139 Contract For: City Traffic Consultant Services City of Saratoga Independent Contractor Agreement Page 21 of 21 Exhibit E - Insurance endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 140 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP SUBJECT: General Plan Amendment Clarifying Scope of the Commercial Residential Land Use Designation and Amending the Land Use Map to Designate the Property at 22480 & 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) RECOMMENDED ACTION: Staff recommends that the City Council accept the recommendations of the Planning Commission, waive the first reading, and approve the attached resolution amending the General Plan Land Use Element to: 1) Clarify the permitted locations of high density mixed-use projects in the Commercial Residential land use designation; 2) Adopt the General Plan amendment amending the Land Use Map to designate the property at 22480 and 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) as directed by Council at its April 20, 2011 meeting; 3) Make no change to the shared parking regulations for mixed-use developments; and 4) Make no change to the allowable percentage of residential floor area in mixed-use developments. REPORT SUMMARY: At their July 21, 2010 Joint Meeting, the City Council and the Planning Commission discussed policy issues arising from a proposed citizens’ initiative including a City Council sponsored measure and proposed zoning code and General Plan amendments. At the meeting and at the City Council Retreat held January 28, 2011 the City Council directed the Planning Commission to review and make recommendations regarding (a) a General Plan Amendment to clarify that previously approved density increases apply only to the existing C-N(RHD) zoning district; and (b) Zoning Amendments concerning mixed use projects. The Commission reviewed the proposed amendments to the General Plan Land Use Element and the Mixed Use Development Standards during a March 23rd , 2011 Study Session. The Commission also reviewed the proposed amendments during a May 11, 2011 Public Hearing and made the following recommendations to City Council: General Plan: Description of the Commercial Retail Land Use Designation The Commission discussed the proposed changes to the description of the Commercial Retail Land Use Designation and recommended that the text be modified to include the proposed 141 changes thereby limiting the commercial area near Lawrence Expressway and Prospect Road as the only Commercial Residential (CR) land use designation suitable for the high density mixed use development and for emergency shelters, transitional housing, and supportive housing for individuals and families allowed in the C-N(RHD) zoning district. General Plan: Modification of Table LU-1 (Land Use Categories) The Commission discussed the proposed changes to General Plan Land Use Table LU-1 and recommended that the table be modified to change the description of the Commercial Retail (CR) land use category to state that high density mixed use development and for emergency shelters, transitional housing, and supportive housing for individuals and families (as allowed by the C- N(RHD) zoning district) are appropriate only in the commercial area near Prospect Road and Lawrence Expressway. Zoning Code: Mixed Use Density The Commission discussed the proposed changes to City Code Section 15-58.020(c) which would remove the Planning Commission’s discretion to allow the residential floor area of a mixed-use project to exceed 50 percent of a projects total floor area on projects with more than four residential units. The Commission stated that the proposed changes were not good policy and recommended that the existing text of City Code Section 15-58.020(c) not be modified. Zoning Code: Shared Parking for Mixed Use Project The Commission reviewed the proposed changes to City Code Section 15-58.020(d) which would remove the Planning Commission’s discretion to allow shared parking between the commercial and residential uses of a mixed-use project on projects with more than four residential units. The Commission recommended that the existing text of City Code Section 15- 58.020(d) not be modified. Further details regarding these matters are included in the Planning Commission staff report on the items which is attached. The attached resolution would implement the Planning Commission’s recommendation. It also amends the Land Use Map to designate the property at 22480 and 22490 Mt. Eden Road as Residential Hillside Conservation (RHC) as directed by Council at its April 20, 2011 meeting. ENVIRONMENTAL DETERMINATION: The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FISCAL IMPACTS: There are no negative fiscal impacts associated with the proposed ordinance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The General Plan and City Code would remain unchanged. 142 ALTERNATIVE ACTION: Decline to adopt the proposed ordinance and provide staff with direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading and adoption on the consent calendar at the next regular Council meeting. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. 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: 1. Resolution Amending the General Plan Land Use Element 2. Staff Report for May 11, 2011 Planning Commission Public Hearing 3) Draft Action Minutes from the May 11, 2011 Planning Commission Hearing 143 144 145 146 14 7 REPORT TO THE PLANNING COMMISSION Application No./Location: ZOA11-0001 – Zoning Ordinance Amendment GPA11-0001 – General Plan Amendment Subject: Ordinance Amending Mixed-Use Development Standards and an amendment to the General Plan Land Use Element Location: City Wide Applicant: City of Saratoga Staff Planner: Christopher Riordan, AICP Meeting Date: May 11, 2011 Department Head: Christopher Riordan, AICP RECOMMENDED ACTION: It is recommended that the Planning Commission review and make recommendations to the City Council on the following: 1. A draft Zoning Ordinance Amendment regarding modifications to the Mixed Use Development Standards [City Code Sections 15-58.020(c) and 15-58.020(d)] 2. Amendments to the General Plan Land Use Element. BACKGROUND: Joint Council/Commission Meeting – July 21, 2010 At their July 21, 2010 Joint Meeting, the City Council and the Planning Commission (Commission) discussed policy issues arising from a proposed citizens’ initiative including Measure Q and proposed zoning code and General Plan amendments. At the meeting the City Council directed the Planning Commission to review and make recommendations regarding (a) a General Plan Amendment to clarify that previously approved density increases apply only to the existing C-N(RHD) zoning district; and (b) Zoning Amendments concerning mixed use projects. Commission Study Session – March 23, 2011 The Commission reviewed the proposed amendments to the Mixed Use Development Standards and the General Plan Land Use Element during a March 23rd , 2011 Study Session. During the meeting the Commission made the following recommendations and suggestions: Zoning Code: Mixed Use Density The Commission discussed the proposed changes to City Code Section 15-58.020(c) and recommended that the original text not be modified. 148 Zoning Code: Shared Parking for Mixed Use Project The Commission did not reach a consensus on this issue. The Commission asked Staff to clarify the definition of “project” with respect to allowing shared parking on projects with fewer than five residential units and if a “project” would be defined as a building addition, a building renovation, or a new building. Staff did discuss the definition of “project” with the City Attorney. As the word “project” is currently used in the City Code, shared parking could be allowed on building additions, renovations, and new buildings. The Commission also discussed the current parking moratorium for the Village and the possible impacts caused by shared parking. General Plan: Description of the Commercial Retail Land Use Designation The Commission discussed the proposed changes to the description of the Commercial Retail Land Use Designation City Code Section 15-58.020(c) and recommended that the text be modified to include the proposed changes. General Plan: Modification of Table LU-1 (Land Use Categories) The Commission discussed the proposed changes to General Plan Land Use Table LU-1 and recommended that the table be modified to include the proposed changes. REPORT SUMMARY The following table is a summary of changes proposed in the Zoning Ordinance Amendment for Article 15-58 - Mixed Use Development Standards and the General Plan Land Use Element. The specific text of the proposed amendments is included in the attachments. Topic Current Approach Proposed Changes Zoning Code: Mixed Use Density City Code Section 15-58.020(c) requires mixed use projects to have a residential floor area of at least 50% of the project’s total floor area and allows the Planning Commission to approve a higher percentage of residential floor area (and commensurately less other mixed use) if certain findings can be made.. The proposed amendment would permit projects with residential floor areas in excess of 50% of total floor area only for projects with fewer than five residential units. The Planning Commission approval and findings requirement would remain. Zoning Code: Shared Parking for Mixed Use Projects City Code Section 15-58.020(d) allows both the commercial and residential uses of a mixed use project to share parking if approved by the Planning Commission if it is found to have no adverse impacts on adjacent uses. The proposed amendment would only allow the Planning Commission to approve shared parking only on projects with fewer than five residential units. General Plan: Description of the The description of the Commercial Retail (CR) land use designation on The proposed amendment would state that the commercial area near Prospect Avenue 149 Topic Current Approach Proposed Changes Commercial Retail Land Use Designation Page 12 of the Land Use Element includes a statement that the “The commercial area near Prospect Road and Lawrence Expressway is suitable for high density mixed use development with a minimum density of 20 units per net acre and for emergency shelters, transitional housing, and supportive housing for homeless individuals and families.” and Lawrence Expressway is the only CR land use designation suitable for high density mixed use development with a minimum density of 20 units per net acre and for emergency shelters, transitional housing, and supportive housing for homeless individuals and families.” General Plan: Modification of Table LU-1 (Land Use Categories) The description of the Commercial Retail (CR) land use category in Table LU-1 on Page 16 of the Land Use Element states that high density mixed use projects and emergency shelters, transitional housing, and supportive housing for homeless individuals and families are appropriate consistent with applicable zoning. The proposed amendment would change the description of the Commercial Retail (CR) land use category to state that high density mixed use projects and emergency shelters, transitional housing, and supportive housing for homeless individuals and families are appropriate in the commercial area near Prospect Avenue and Lawrence Expressway consistent with applicable zoning. ENVIRONMENTAL DETERMINATION: The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FISCAL IMPACT(S): There are no negative fiscal impacts associated with the approval of the proposed ordinance. ALTERNATIVE ACTION(S): None FOLOW UP ACTIONS(S): As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on 27 April 2011. The Saratoga News is a newspaper having general circulation in the City. Staff has not received any negative comments on the proposed amendments as of the writing of this staff report. ATTACHMENT: • Resolution 150 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, May 11, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, David Reis and Yan Zhao ABSENT Commissioner Joyce Hlava PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of April 27, 2011 (Approval deferred to the June 8, 2011 meeting, 6:0:1 (Hlava)) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 5, 2011 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. Applications ZOA11-0001, GPA11-0001 - The Planning Commission of the City of Saratoga will consider recommendations to the City Council concerning: - a) An amendment to Saratoga Municipal Code section 15-58.020(c) to provide that mixed use projects may include less than 50% commercial space (if authorized by the Planning Commission) only if the project is less than five residential units; b) An amendment to Saratoga Municipal Code section 15-58.020(d) to provide that mixed use projects may use shared parking (if authorized by the Planning Commission) only if the project includes fewer than five residential units; and c) An amendment to the Land Use Element of the Saratoga General Plan to clarify that the higher densities currently allowed in the CN(RHD) district at Prospect and Lawrence Avenue are allowed only at that site 151 and not elsewhere in the City. (Christopher Riordan, AICP) (Adopt amendment c (Approved, 6:0:1(Hlava) Deny amendment a and b (Approved, 6:0:1(Hlava)) DIRECTORS ITEM Update on the removal of the temporary metal lattice fence at Pepper Lane. COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING- ADJOURNED 7:40 PM Wednesday, May 25, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA 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 or ctclerk@saratoga.ca.us. 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). POSTING Certificate of Posting of Agenda: I, Lori McKenna, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on May 5, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, 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 If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 152 153 154 155 15 6 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Council authorization to refund the City of Saratoga’s 2001 General Obligation Bonds RECOMMENDED ACTION: Council to review report and consider adopting the attached resolution to authorize the refunding of the 2001 General Obligation (GO) Bonds. BACKGROUND INFORMATION: In 2001, the City of Saratoga issued $15,000,000 of voter-approved General Obligation (GO) Bonds to improve, renovate, and expand the Saratoga Community Library Building. GO Bonds are tax-exempt debt obligations secured by the City’s power and statutory authority to levy ad valorem taxes on real and personal property located within city boundaries, for payment of the principal and interest due. The City administers the payments on the bond debt, but does not receive revenue or expend any City funds for this obligation. After almost ten years of payment, the debt principal balance is $12,235,000, as shown on the attached debt schedule. The 30 year GO Bonds were issued at competitive interest rates at the time (ranging between 5 - 6%); however, with current interest rates at historic lows, the outstanding bond debt could be reissued at far lower rates today, estimated to save Saratoga taxpayers about $1.4 million in debt service payments. On August 1, 2010 the bonds became eligible for redemption. From August 1, 2010 through July 31, 2011, the redemption price is equal to the principal amount plus a 1% premium (approximately $126,500). As of August 1, 2011, the premium is eliminated and the bond redemption price is equal to the principal amount. In January 2011, Council directed staff to obtain Financial Advisor services from Public Financial Management, LLC (PFM) to negotiate the refunding of the City’s 2001 General Obligation Bond. Subsequently, PFM obtained Bond Counsel to prepare required legal documents such as the paying agent agreement, the continuing disclosure certificate, the Preliminary Official Statement, and other needed documents for the bond offering. PFM will set the date of sale; accept bids from various underwriters; determine the lowest net interest costs; and then work with the Bond Counsel and Underwriter to complete the required documents and bond sale. REPORT SUMMARY: With the time required to complete the refunding process, PFM has scheduled the bond sale to occur in mid-July. The bonds will then be held in escrow for issuance on August 1st. This time frame will allow for completion of the sale as timely as possible while avoiding the 1% bond premium, as well as aligning the refunded bond debt service dates with the current bond. 157 Under the most recent refunding analysis provided by PFM (May 25, 2011), the estimated savings total $1,90 million over twenty years, with a net present value of $1,45 million. As the actual sale date is six weeks away, interest rates will fluctuate and the savings may be either higher or lower. Under current circumstances, rates are not expected to change significantly. However, the attached resolution includes conservative parameters to provide for upward rate movement. Within the resolution, the Maximum Par Amount is set at $13 million, the Maximum True Interest Cost is set at 5%, and the Maximum Underwriter’s Discount is set at 1%. The actual bond parameters will be established through the competitive bid process. Overall, the refunding is expected to gross more than 5% in savings for City residents. FISCAL IMPACTS: Refunding the 2001 General Obligation Bonds will result in approximate $75,000 of annual debt service payment savings to Saratoga property owners. While refunding will increase the bond par by an estimated $140,000 for the reissuance, residents will receive an overall reduction of slightly more than $1.90 million in interest payments over the remaining twenty years of the bond term under a refunding analysis prepared on May 25, 2011. This equates to approximately $1.45 million net present value. As the bond refunding is fully self-funded, there will be no fiscal impact to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not refund the General Obligation Bonds and obtain debt service payment reductions for Saratoga property owners. ALTERNATIVE ACTION: Direct staff to delay refunding the General Obligation Bonds. FOLLOW UP ACTION: Financial Advisor to proceed with bond refunding. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and 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 A – Current bond debt schedule Attachment B – May 25, 2011 Refunding Analysis Attachment C – Preliminary Official Statement Attachment D – Council resolution approving the refunding of the 2001 General Obligation Bonds 158 Attachment A August August February Fiscal Year Bond Fiscal Interest Annual Interest Interest Annual Debt Principal Year Rate Principal Payment Payment Interest Service Balance @ YE Initial Bond Offering at May 9, 2001 - - 15,000,000 2001/02 5.000%- - 588,942 588,942 588,942 15,000,000 2002/03 5.000%60,000 392,628 391,128 783,756 843,756 14,940,000 2003/04 5.000%245,000 391,128 385,003 776,131 1,021,131 14,695,000 2004/05 5.000%255,000 385,003 378,628 763,631 1,018,631 14,440,000 2005/06 5.000%270,000 378,628 371,878 750,506 1,020,506 14,170,000 2006/07 5.000%280,000 371,878 364,878 736,756 1,016,756 13,890,000 2007/08 6.000%295,000 364,878 356,028 720,906 1,015,906 13,595,000 2008/09 6.000%310,000 356,028 346,728 702,756 1,012,756 13,285,000 2009/10 6.000%330,000 346,728 336,828 683,556 1,013,556 12,955,000 2010/11 6.000%350,000 336,828 326,328 663,156 1,013,156 12,605,000 2011/12 6.000%370,000 326,328 315,228 641,556 1,011,556 12,235,000 2012/13 5.000%395,000 315,228 305,353 620,581 1,015,581 11,840,000 2013/14 5.000%415,000 305,353 294,978 600,331 1,015,331 11,425,000 2014/15 5.000%435,000 294,978 284,103 579,081 1,014,081 10,990,000 2015/16 5.000%455,000 284,103 272,728 556,831 1,011,831 10,535,000 2016/17 5.000%440,000 272,728 261,728 534,456 974,456 10,095,000 2017/18 5.000%460,000 261,728 250,228 511,956 971,956 9,635,000 2018/19 5.000%485,000 250,228 238,103 488,331 973,331 9,150,000 2019/20 5.000%510,000 238,103 225,353 463,456 973,456 8,640,000 2020/21 5.125%535,000 225,353 211,644 436,997 971,997 8,105,000 2021/22 5.125%565,000 211,644 197,166 408,809 973,809 7,540,000 2022/23 5.125%590,000 197,166 182,047 379,213 969,213 6,950,000 2023/24 5.125%625,000 182,047 166,031 348,078 973,078 6,325,000 2024/25 5.250%655,000 166,031 148,838 314,869 969,869 5,670,000 2025/26 5.250%690,000 148,838 130,725 279,563 969,563 4,980,000 2026/27 5.250%730,000 130,725 111,563 242,288 972,288 4,250,000 2027/28 5.250%765,000 111,563 91,481 203,044 968,044 3,485,000 2028/29 5.250%805,000 91,481 70,350 161,831 966,831 2,680,000 2029/30 5.250%850,000 70,350 48,038 118,388 968,388 1,830,000 2030/31 5.250%890,000 48,038 24,675 72,713 962,713 940,000 2031/32 5.250%940,000 24,675 - 24,675 964,675 - TOTALS 15,000,000 7,480,416 7,676,730 15,157,146 30,157,146 Total Bond Principal 15,000,000 Total Bond Interest 15,157,146 Total Cost of Bond 30,157,146 City of Saratoga 2001 Series General Obligation Bonds Debt Schedule 159 May 25, 2011 7:30 am Prepared by PFM Group Page 1 SOURCES AND USES OF FUNDS Saratoga Refunding RFP Series 2011 GO Refunding (Current) Dated Date07/14/2011 Delivery Date07/14/2011 Sources: Bond Proceeds: Par Amount12,375,000.00 Premium389,146.30 12,764,146.30 Uses: Refunding Escrow Deposits: Cash Deposit12,550,228.13 Delivery Date Expenses: Cost of Issuance150,000.00 Underwriter's Discount61,875.00 211,875.00 Other Uses of Funds: Additional Proceeds2,043.17 12,764,146.30 Notes: Rates: 5-25-2011 MMD + 50 bps COI: $150,000 Underwriter's Discount: $5/Bond 160 May 25, 2011 7:30 am Prepared by PFM Group Page 2 SUMMARY OF REFUNDING RESULTS Saratoga Refunding RFP Series 2011 GO Refunding (Current) Dated Date07/14/2011 Delivery Date07/14/2011 Arbitrage yield3.496009% Escrow yield Bond Par Amount12,375,000.00 True Interest Cost3.775735% Net Interest Cost3.903235% Average Coupon4.131213% Average Life11.600 Par amount of refunded bonds12,235,000.00 Average coupon of refunded bonds5.200572% Average life of refunded bonds12.086 PV of prior debt to 07/14/2011 @ 3.496009%14,476,643.65 Net PV Savings1,451,680.31 Percentage savings of refunded bonds11.864980% Percentage savings of refunding bonds11.730750% 161 May 25, 2011 7:30 am Prepared by PFM Group Page 3 SUMMARY OF BONDS REFUNDED Saratoga Refunding RFP Series 2011 GO Refunding (Current) MaturityInterestParCallCall BondDateRateAmountDatePrice Series 2001 GO Bonds, 2001: SERIAL08/01/20125.000%395,000.0008/01/2011100.000 08/01/20135.000%415,000.0008/01/2011100.000 08/01/20145.000%435,000.0008/01/2011100.000 08/01/20155.000%455,000.0008/01/2011100.000 08/01/20165.000%440,000.0008/01/2011100.000 08/01/20175.000%460,000.0008/01/2011100.000 08/01/20185.000%485,000.0008/01/2011100.000 08/01/20195.000%510,000.0008/01/2011100.000 08/01/20205.125%535,000.0008/01/2011100.000 08/01/20215.125%565,000.0008/01/2011100.000 08/01/20225.125%590,000.0008/01/2011100.000 08/01/20235.125%625,000.0008/01/2011100.000 TERM202708/01/20275.250%2,840,000.0008/01/2011100.000 TERM203108/01/20315.250%3,485,000.0008/01/2011100.000 12,235,000.00 162 May 25, 2011 7:30 am Prepared by PFM Group Page 4 SAVINGS Saratoga Refunding RFP Series 2011 GO Refunding (Current) Present Value PriorRefundingto 07/14/2011 DateDebt ServiceDebt ServiceSavings@ 3.4960093% 06/30/2012630,456.26247,686.46 382,769.80380,985.41 06/30/20131,015,581.26937,725.0077,856.2673,690.48 06/30/20141,015,331.26937,825.0077,506.2670,940.25 06/30/20151,014,081.26937,725.0076,356.2667,578.25 06/30/20161,011,831.26936,125.0075,706.2664,784.10 06/30/2017974,456.26898,437.5076,018.7662,909.03 06/30/2018971,956.26895,937.5076,018.7660,838.34 06/30/2019973,331.26896,825.0076,506.2659,205.98 06/30/2020973,456.26896,000.0077,456.2657,969.37 06/30/2021971,996.88893,350.0078,646.8856,916.12 06/30/2022973,809.38898,662.5075,146.8852,560.05 06/30/2023969,212.51893,275.0075,937.5151,364.92 06/30/2024973,078.13895,650.0077,428.1350,639.07 06/30/2025969,868.75895,550.0074,318.7546,983.82 06/30/2026969,562.50894,450.0075,112.5045,921.97 06/30/2027972,287.50895,512.5076,775.0045,380.52 06/30/2028968,043.75893,562.5074,481.2542,556.54 06/30/2029966,831.25890,262.5076,568.7542,302.51 06/30/2030968,387.50894,393.7573,993.7539,515.41 06/30/2031962,712.50885,918.7576,793.7539,649.78 06/30/2032964,675.00890,662.5074,012.5036,945.22 20,210,946.9918,305,536.461,905,410.531,449,637.14 Savings Summary PV of savings from cash flow1,449,637.14 Plus: Refunding funds on hand2,043.17 Net PV Savings1,451,680.31 163 May 25, 2011 7:30 am Prepared by PFM Group Page 5 BOND PRICING Saratoga Refunding RFP Series 2011 GO Refunding (Current) Maturity Bond ComponentDateAmountRateYieldPrice Bond Component: 08/01/2012490,0002.000%0.760%101.290 08/01/2013500,0002.000%0.940%102.144 08/01/2014510,0002.000%1.240%102.265 08/01/2015520,0002.500%1.540%103.752 08/01/2016495,0002.500%1.710%103.804 08/01/2017505,0002.500%2.090%102.317 08/01/2018520,0003.000%2.430%103.670 08/01/2019535,0003.000%2.720%102.010 08/01/2020550,0003.500%2.950%104.338 08/01/2021575,0003.500%3.150%102.993 08/01/2022590,0003.500%3.330%101.440C 08/01/2023615,0004.000%3.480%104.375C 08/01/2024640,0004.000%3.640%103.005C 08/01/2025665,0004.000%3.800%101.655C 08/01/2026695,0004.500%3.930%104.692C 08/01/2027725,0004.500%4.030%103.849C 08/01/2028755,0004.500%4.120%103.098C 08/01/2029795,0004.750%4.210%104.384C 08/01/2030825,0004.750%4.300%103.637C 08/01/2031870,0004.750%4.390%102.897C 12,375,000 Dated Date07/14/2011 Delivery Date07/14/2011 First Coupon02/01/2012 Par Amount12,375,000.00 Premium389,146.30 Production12,764,146.30103.144617% Underwriter's Discount-61,875.00-0.500000% Purchase Price12,702,271.30102.644617% Accrued Interest Net Proceeds12,702,271.30 164 May 25, 2011 7:30 am Prepared by PFM Group Page 6 BOND DEBT SERVICE Saratoga Refunding RFP Series 2011 GO Refunding (Current) Period EndingPrincipalCouponInterestDebt Service 06/30/2012247,686.46247,686.46 06/30/2013490,0002.000%447,725.00937,725.00 06/30/2014500,0002.000%437,825.00937,825.00 06/30/2015510,0002.000%427,725.00937,725.00 06/30/2016520,0002.500%416,125.00936,125.00 06/30/2017495,0002.500%403,437.50898,437.50 06/30/2018505,0002.500%390,937.50895,937.50 06/30/2019520,0003.000%376,825.00896,825.00 06/30/2020535,0003.000%361,000.00896,000.00 06/30/2021550,0003.500%343,350.00893,350.00 06/30/2022575,0003.500%323,662.50898,662.50 06/30/2023590,0003.500%303,275.00893,275.00 06/30/2024615,0004.000%280,650.00895,650.00 06/30/2025640,0004.000%255,550.00895,550.00 06/30/2026665,0004.000%229,450.00894,450.00 06/30/2027695,0004.500%200,512.50895,512.50 06/30/2028725,0004.500%168,562.50893,562.50 06/30/2029755,0004.500%135,262.50890,262.50 06/30/2030795,0004.750%99,393.75894,393.75 06/30/2031825,0004.750%60,918.75885,918.75 06/30/2032870,0004.750%20,662.50890,662.50 12,375,0005,930,536.4618,305,536.46 165 May 25, 2011 7:30 am Prepared by PFM Group Page 7 ESCROW REQUIREMENTS Saratoga Refunding RFP Series 2011 GO Refunding (Current) PeriodPrincipal EndingInterestRedeemedTotal 08/01/2011315,228.1312,235,000.0012,550,228.13 315,228.1312,235,000.0012,550,228.13 166 Hawkins Delafield & Wood LLP Draft of 5/25/11 136036.5 035180 OS Th i s P r e l i m i n a r y O f f i c i a l S t a t e m e n t a n d t h e i n f o r m a t i o n co n t a i n e d h e r e i n a r e s u b j e c t t o c o m p l e t i o n o r a m e n d m e n t w i t h o u t n o t i c e . U n d e r n o c i r c u m s t a n c e s s h a l l t h i s P r e l i m i n a r y O f f i c i a l S t a t e m e n t c o n s t i t u t e a n of f e r t o s e l l o r t h e s o l i c i t a t i o n o f a n o f f e r t o b u y , n o r s h a l l t h e r e b e a n y s a l e o f t h e s e s e c u r i t i e s , i n an y j u r i s d i c t i o n i n w h i c h s u c h o f f e r , s o l i c i t a t i o n , o r s a l e w o u l d b e u n l a w f u l p r i o r t o r e g i s t r a t i o n o r q u a l i f i c a t i o n un d e r t h e s e c u r i t i e s l a w s o f s u c h j u r i s d i c t i o n . PRELIMINARY OFFICIAL STATEMENT DATED _______, 2011 NEW ISSUE – BOOK-ENTRY ONLY RATINGS Moody's: : S&P: (See "RATINGS" herein) In the opinion of Hawkins Delafield & Wood LLP, Bond Counsel to the City, under existing statutes and court decisions and assuming continuing compliance with certain tax covenants described herein, (i) interest on the Bonds is excluded from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In addition, in the opinion of Bond Counsel to the City, under existing statutes, interest on the Bonds is exempt from State of California personal income taxes. See “TAX MATTERS” herein. $___________ CITY OF SARATOGA (SANTA CLARA COUNTY, CALIFORNIA) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011 (SARATOGA COMMUNITY LIBRARY PROJECT) Dated: Date of Delivery Due: August 1, as shown below The City of Saratoga (Santa Clara County, California) General Obligation Refunding Bonds, Series 2011 (Saratoga Community Library Project) (the "Bonds"), are being issued by the City of Saratoga (the "City") pursuant to Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53550 of said Code (the "Act"); and a resolution adopted by the City Council of the City (the "Council") on June 1, 2011 (the "Bond Resolution"). See "INTRODUCTION – Authority for Issuance of the Bonds." The proceeds of the Bonds are authorized to be used to refund all of the City of Saratoga (Santa Clara County, California) General Obligation Bonds, Series 2001 (Saratoga Community Library Project) (the "2001 Bonds") which were issued in the aggregate principal amount of $15,000,000. See "PLAN OF REFUNDING” and "ESTIMATED SOURCES AND USES OF FUNDS." The Bonds will be dated and bear interest from their date of delivery at the rates shown below until paid in full. Interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2012. The Bonds will be issuable as fully-registered bonds without coupons and will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository for the Bonds. Purchases of beneficial interests in the Bonds will be made in book-entry form through DTC participants and no physical delivery of Bonds will be made to purchasers, except as otherwise described herein. Payment of principal, premium, if any, and interest will be made by The Bank of New York Mellon Trust Company, N.A., as Paying Agent (the "Paying Agent") to DTC, which is obligated to remit such payments to its participants for subsequent disbursement to the Beneficial Owners of the Bonds. See APPENDIX C – "DTC AND THE BOOK-ENTRY SYSTEM" herein. The Bonds will be issuable in denominations of $5,000 or any integral multiple thereof. The Bonds are subject to redemption prior to maturity as described herein. See "THE BONDS – Redemption of the Bonds." The following firm serves as financial advisor to the City. [logo] The Bonds will be sold by competitive sale pursuant to the terms of the Notice Inviting Proposals dated ______, 2011. This cover page contains certain information for general reference only. It is not intended to be a summary of the security or terms of the Bonds. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision. Capitalized terms used on this cover page not otherwise defined shall have the meanings set forth herein. MATURITY SCHEDULE(Base CUSIP Number: _______ * † Maturity Date ) Principal (August 1) Amount Interest * Price or Rate CUSIP Yield Suffix Maturity Date † Principal (August 1) Amount Interest * Price or Rate CUSIP Yield Suffix † The Bonds are offered when, as and if issued by the City and accepted by the initial purchasers, subject to the approval of validity by Hawkins Delafield & Wood LLP, Bond Counsel to the City, and certain other conditions. Certain legal matters will be passed upon for the City by Richard Taylor, † CUSIP data herein is provided by Standard and Poor's CUSIP Service Bureau, a division of the McGraw Hill Companies, Inc. CUSIP numbers are provided for reference only. Neither the County nor the Financial Advisor takes any responsibility for the accuracy of such numbers. 167 136036.5 035180 OS Esq., Shute, Mihaly & Weinberger LLP, City Attorney. Hawkins Delafield & Wood LLP also served as Disclosure Counsel to the City. It is expected that the Bonds in book-entry form will be available for delivery through the facilities of DTC in New York, New York, on or about July 14, 2011. Dated: ______, 2011. 168 136036.5 035180 OS No dealer, broker, salesperson or any other person has been authorized to give any information or to make any representations other than those contained in this Official Statement in connection with the offering made hereby and, if given or made, such information or representations must not be relied upon as having been authorized by the City. Neither the delivery of this Official Statement nor any sale hereunder will under any circumstances create any implication that there has been no change in the affairs of the City since the date hereof. This Official Statement does not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is not authorized, or in which the person making such offer or solicitation is not qualified to do so, or to any person to whom it is unlawful to make such offer or solicitation. IN CONNECTION WITH THIS OFFERING, THE PURCHASER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT LEVELS ABOVE THOSE WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. No representation is made that past experience, as it might be shown by financial and other information, will necessarily continue or be repeated in the future. See "FORWARD-LOOKING STATEMENTS" herein. THE BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "SEC") UNDER THE SECURITIES ACT OF 1933, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE PAYING AGENT AGREEMENT HAS NOT BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SEC OR ANY STATE SECURITIES COMMISSION OR ANY REGULATORY AUTHORITY OF ANY STATE, NOR HAS THE SEC OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY OF ANY STATE PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR THE ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. Statements in this Official Statement are made as of the date hereof unless stated otherwise and neither the delivery of this Official Statement at any time, nor any sales thereunder, will under any circumstances create an implication that the information contained herein is correct as of any time subsequent to the date hereof. In making an investment decision, investors must rely on their own examination of the security for the Bonds, the City and the terms of the offering, including the merits and risks involved. Prospective investors should not construe the contents of this Official Statement as legal, tax or investment advice. 169 136036.5 035180 OS CITY OF SARATOGA Santa Clara County, California CITY COUNCIL Howard Miller, Mayor Chuck Page, Vice Mayor Jill Hunter, Council Member Emily Lo, Council Member Manny Cappello, Council Member CITY STAFF Dave Anderson, City Manager Mary Furey, Finance and Administrative Services Director Ann Sullivan, City Clerk Richard Taylor, Esq., Shute, Mihaly & Weinberger LLP, City Attorney FINANCIAL ADVISOR Public Financial Management, Inc. San Francisco, California BOND AND DISCLOSURE COUNSEL Hawkins Delafield & Wood LLP San Francisco, California PAYING AGENT THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 170 136036.5 035180 OS TABLE OF CONTENTS INTRODUCTION ....................................................................................................................................................... Page 1 THE CITY OF SARATOGA ............................................................................................................................................ 1 AUTHORITY FOR ISSUANCE OF THE BONDS ................................................................................................................ 2 SUMMARIES NOT DEFINITIVE ..................................................................................................................................... 2 PLAN OF REFUNDING ............................................................................................................................................. 2 THE BONDS ................................................................................................................................................................ 2 GENERAL ................................................................................................................................................................... 2 REDEMPTION OF THE BONDS ...................................................................................................................................... 3 ESTIMATED SOURCES AND USES OF FUNDS .................................................................................................. 6 DEBT SERVICE SCHEDULE ................................................................................................................................... 7 SECURITY FOR THE BONDS ................................................................................................................................. 8 PAYING AGENT AGREEMENT ..................................................................................................................................... 8 LEVY, TAX RATE AND ASSESSED VALUATION ........................................................................................................... 8 PAYMENT DATES AND LIENS ................................................................................................................................... 10 TEETER PLAN ........................................................................................................................................................... 11 LARGEST TAXPAYERS .............................................................................................................................................. 11 TAXATION OF STATE-ASSESSED UTILITY PROPERTY ............................................................................................... 12 DIRECT AND OVERLAPPING DEBT REPORT .............................................................................................................. 13 FACTORS AFFECTING PROPERTY TAX SECURITY FOR THE BONDS ........................................................................... 15 CITY OF SARATOGA RECENT DEVELOPMENTS ......................................................................................................... 16 CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS ............. 16 TAX MATTERS ........................................................................................................................................................ 19 FINANCIAL STATEMENTS .................................................................................................................................. 21 CERTAIN LEGAL MATTERS ............................................................................................................................... 22 ABSENCE OF LITIGATION .................................................................................................................................. 22 CONTINUING DISCLOSURE ................................................................................................................................ 22 FORWARD-LOOKING STATEMENTS ............................................................................................................... 22 RATINGS ................................................................................................................................................................... 23 SALE OF THE BONDS ............................................................................................................................................ 23 ADDITIONAL INFORMATION ............................................................................................................................. 23 AUDITED FINANCIAL STATEMENTS OF THE CITY OF SARATOGA FOR FISCAL YEAR 2009-10 ......................................................................................................... APPENDIX A PROPOSED FORM OF OPINION OF BOND COUNSEL ....................................................................APPENDIX B DTC AND THE BOOK-ENTRY SYSTEM ............................................................................................ APPENDIX C FORM OF CONTINUING DISCLOSURE CERTIFICATE .................................................................. APPENDIX D 171 1 136036.5 035180 OS OFFICIAL STATEMENT $_______________* (Santa Clara County, California) General Obligation Refunding Bonds, Series 2011 City of Saratoga (Saratoga Community Library Project) INTRODUCTION This introduction is qualified in its entirety by reference to the more detailed information included and referred to elsewhere in this Official Statement. The offering of the Bonds to potential investors is made only by means of the entire Official Statement. The purpose of this Official Statement, including the cover page and appendices hereto, is to provide certain information concerning the sale and delivery by the City of Saratoga (the "City") of its General Obligation Refunding Bonds, Series 2011 (Saratoga Community Library Project) (the "Bonds") in the aggregate principal amount of $___________.* The Official Statement makes reference to resolutions and to other documents and statutes. Such references do not purport to be complete, comprehensive or definite and are qualified in their entirety by reference to each such document. This Official Statement speaks only as of its date, and the information contained herein is subject to change. Except as required by the Continuing Disclosure Certificate to be executed by the City, the City has no obligation to update the information in this Official Statement. See "CONTINUING DISCLOSURE" and APPENDIX D – "FORM OF CONTINUING DISCLOSURE CERTIFICATE" herein. The City of Saratoga The City of Saratoga is located in the County of Santa Clara (the “County”), 26 miles east of the Pacific Ocean, ten miles southwest of San Jose and fifty miles south of San Francisco, and encompasses an area of approximately 12 square miles. The City was incorporated in 1956 and is a general law city pursuant to the California Government Code. The City has a Council-Manager form of government, with five elected Council members served by a full-time City Manager and staff. The 2010-11 assessed valuation of the City is $9,963,412,097. Upon issuance of the Bonds, the Bonds will be the only City’s outstanding general obligation bonds. The total direct and overlapping bonded debt of the City is $245,019,448 or approximately 2.46% of the 2010-11 assessed valuation. For certain economic, demographic and financial information with respect to the City, see Appendix A – “AUDITED FINANCIAL STATEMENTS OF THE CITY OF SARATOGA FOR FISCAL YEAR 2009-10” attached hereto and “SECURITY FOR THE BONDS – City of Saratoga Recent Developments” herein. * Preliminary, subject to change. 172 2 136036.5 035180 OS Authority for Issuance of the Bonds The Bonds are being issued pursuant to Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53550 of said Code (the "Act") and other applicable laws, and according to the terms set forth in the Paying Agent Agreement between the City and The Bank of New York Mellon Trust Company, N.A., as paying agent (the "Paying Agent"), dated as of July 1, 2011 (the "Paying Agent Agreement"), as authorized by the resolution adopted by the Council on June 1, 2011 (the "Bond Resolution"). Summaries Not Definitive Brief descriptions of the Bonds and the City are included in this Official Statement, together with summaries of certain resolutions, documents and statutes. Such descriptions and summaries do not purport to be comprehensive or definitive. All references herein to the Bonds and such resolutions, documents and statutes are qualified in their entirety by reference to the actual documents, or with respect to the Bonds, the form thereof included in the Bond Resolution, copies of all of which are available for inspection at the offices of the Paying Agent at _______________. PLAN OF REFUNDING The Bonds are being issued to fully refund the $15,000,000 City of Saratoga (Santa Clara County, California) General Obligation Bonds, Series 2001 (Saratoga Community Library Project) (the "2001 Bonds"). The 2001 Bonds were issued to improve, renovate, and expand the Saratoga Community Library and to pay for costs of issuance of the 2001 Bonds. The 2001 Bonds were issued by the City on May 9, 2001, pursuant to Chapter 4 of Division 4 of Title 4 of the California Government Code a resolution of the City Council of the City authorizing the issuance of the 2001 Bonds. The 2001 Bonds were approved by more than two-thirds of the electors of the City voting at a general municipal election held in the City on March 7, 2000. On the date of issuance of the Bonds, $_______ of proceeds of the Bonds will be deposited with and held in trust by The Bank of New York Mellon Trust Company, N.A., the paying agent for the 2001 Bonds (the “2001 Paying Agent”). The amounts deposited, together with other available moneys held by the 2001 Paying Agent, will be sufficient for the 2001 Paying Agent to redeem the 2001 Bonds in full on August 1, 2011. Funds held in trust by the 2001 Paying Agent will not be available to pay principal of and interest on the Bonds. Upon the deposit of such proceeds and said moneys with the 2001 Paying Agent, the 2001 Bonds will no longer be deemed outstanding. THE BONDS General The Bonds will be dated their date of delivery and will mature at the times and in the principal amounts set forth on the cover page hereof. The Bonds will be issued in denominations of $5,000 or any integral multiple thereof ("Authorized Denominations"). Interest on the Bonds will be payable semiannually on February 1 and August 1 of each year, commencing February 1, 2012. Interest on the Bonds will be computed on the basis of a 360-day year of twelve 30-day months. For the debt service schedule for the Bonds, see "DEBT SERVICE SCHEDULE" herein. The Bonds will be delivered in book-entry only form and, when issued, will be registered in the name of Cede Co., as nominee of The Depository Trust Company ("DTC"), New York, New York, which 173 3 136036.5 035180 OS will act as securities depository for the Bonds. Beneficial ownership interests in the Bonds may be purchased by or through a Direct Participant (as defined in APPENDIX C – "BOOK-ENTRY ONLY SYSTEM") in book-entry form, in denominations of $5,000 or any integral multiple thereof. Beneficial Owners (as defined in APPENDIX C – "BOOK-ENTRY ONLY SYSTEM") of the Bonds will not receive or have the right to receive physical delivery of certificates representing their ownership interests in the Bonds. For so long as any purchaser is the Beneficial Owner of a Bond, such purchaser must maintain an account with a broker or dealer who is or acts through a Direct Participant to receive payment of the principal or interest on the Bonds. Payments of interest on, principal of and premium, if any, on the Bonds will be made by the Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the Bonds. Each such payment to DTC or its nominee will be valid and effective to fully discharge all liability of the City or the Paying Agent with respect to the principal or redemption price of or interest on the Bonds to the extent of the sum or sums so paid. The City and the Paying Agent cannot and do not give any assurances that Direct Participants or Indirect Participants (as defined in APPENDIX C – "BOOK-ENTRY ONLY SYSTEM") will distribute to Beneficial Owners (i) payments of interest and principal with respect to the Bonds, (ii) confirmation of ownership interests in the Bonds, or (iii) redemption or other notices sent to DTC or Cede & Co., its nominee, as registered owner of the Bonds, or that Direct Participants or Indirect Participants will do so on a timely basis. So long as the Bonds are held in the book-entry only system of DTC, the registered owner, holder or Owner of the Bonds will be DTC, and not the Beneficial Owner. See APPENDIX C – "DTC AND THE BOOK-ENTRY SYSTEM" herein. Redemption of the Bonds* Optional Redemption. The Bonds maturing on or before August 1, 2021 *, are not subject to redemption prior to their stated maturity dates. Bonds maturing on or after August 1, 2022*, are subject to redemption prior to their respective stated maturity dates, at the option of the City, from any source of available funds, as a whole or in part on any date, on or after August 1, 2021* Mandatory Redemption. The $________ Term Bond maturing on August 1, 20__, is subject to mandatory sinking fund redemption on August 1 in each of the years and in the respective principal amounts as set forth in the following schedule, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption: at the principal amount of the Bonds called for redemption, together with interest accrued thereon to the date of redemption, without premium. Mandatory Sinking Fund Payment Date (August 1) Mandatory Sinking Fund Payment Amount $ † _____________________ † * Preliminary, subject to change. Final maturity 174 4 136036.5 035180 OS The principal amount of each mandatory sinking fund payment of any maturity will be reduced as specified by the City, in $5,000 increments, by the amount of any Bonds of that maturity optionally redeemed prior to the mandatory sinking fund payment date. Selection of Bonds for Redemption. If less than all of the Bonds are called for redemption, the Bonds will be redeemed in inverse order of maturities (or as otherwise directed by the City), and if less than all of the Bonds of any given maturity are called for redemption, the portions of the Bonds of a given maturity to be redeemed will be redeemed by lot. Notice of Redemption. Notice of redemption of any Bonds will be given by the Paying Agent upon the written request of the City by first class mail to the registered owners of any Bonds designated for redemption at least 30 but not more than 60 days prior to the redemption date. Each notice of redemption will contain the following information: (i) the date of such notice; (ii) the name of the Bonds and the date of issue of the Bonds; (iii) the redemption date; (iv) the redemption price; (v) the dates of maturity of the Bonds to be redeemed; (vi) (if less than all of the Bonds of any maturity are to be redeemed) the distinctive numbers of the Bonds of each maturity to be redeemed; (vii) (in the case of Bonds redeemed in part only) the respective portions of the principal amount of the Bonds of each maturity to be redeemed; (viii) the CUSIP number, if any, of each maturity of Bonds to be redeemed; (ix) a statement that such Bonds must be surrendered by the Owners at the Principal Corporate Trust Office of the Paying Agent, or at such other place or places designated by the Paying Agent; (x) notice that further interest on such Bonds will not accrue after the designated redemption date; and (xi) in the case of a conditional notice, that such notice is conditioned upon certain circumstances and the manner of rescinding such conditional notice. Effect of Redemption. A certificate of the Paying Agent or the City that notice of call and redemption has been given to Owners is conclusive as against all parties. The actual receipt by the registered owner of any Bond or by any securities depository or any other party of notice of redemption is not a condition precedent to redemption, and failure to receive such notice, or any defect in the notice given, will not affect the validity of the proceedings for the redemption of such Bonds or the cessation of interest on the date fixed for redemption. When notice of redemption has been given substantially as provided for in the Paying Agent Agreement, and when the redemption price of the Bonds called for redemption is set aside as provided in the Paying Agent Agreement, the Bonds designated for redemption will become due and payable on the specified redemption date and interest will cease to accrue thereon as of the redemption date, and upon presentation and surrender of such Bonds at the place specified in the notice of redemption, such Bonds will be redeemed and paid at the redemption price thereof out of the money provided therefor. The Owners of such Bonds so called for redemption after such redemption date will look for the payment of such Bonds and the redemption premium thereon, if any, only to the interest and sinking fund (the "Interest and Sinking Fund") or the escrow fund established for such purpose. All Bonds redeemed must be cancelled forthwith by the Paying Agent and will not be reissued. Conditional Notice of Redemption. Any notice of optional redemption of the Bonds delivered in accordance with the Paying Agent Agreement may be conditional and if any condition stated in the notice of redemption has not been satisfied on or prior to the redemption date, the notice will be of no force and effect and the City will not be required to redeem such Bonds and the redemption will not be made. The Paying Agent will within a reasonable time thereafter give notice, to the persons and in the manner in which the notice of redemption was given, that such condition or conditions were not met and that the redemption was cancelled. Right to Rescind Notice of Redemption. The City may rescind any optional redemption and notice thereof for any reason on any date on or prior to the date fixed for optional redemption by causing written notice of the rescission to be given to the registered owners of the Bonds so called for redemption. 175 5 136036.5 035180 OS In addition, any optional redemption and notice thereof will be rescinded if for any reason on the date fixed for redemption moneys are not available in the Interest and Sinking Fund established pursuant to the Paying Agent Agreement or otherwise held in trust for such purpose in an amount sufficient to pay in full on said date the principal of, interest, and any premium due on the Bonds called for redemption. Any notice of rescission will be given in the same manner in which notice of redemption was originally given. The actual receipt by the registered owner of any Bond of notice of such rescission is not a condition precedent to rescission, and failure to receive such notice or any defect in such notice will not affect the validity of the rescission. Pursuant to the Paying Agent Agreement, the Defeasance. If at any time the City pays or causes to be paid or there is otherwise paid to the registered owners of all outstanding Bonds all of the principal, interest and premium, if any, represented by Bonds at the times and in the manner provided in the Paying Agent Agreement and in the Bonds, or as provided pursuant to the provisions of the Paying Agent Agreement described below, or as otherwise provided by law consistent with the Paying Agent Agreement, then the Bond Resolution and other assets made under the Bond Resolution and all agreements and covenants of the City under the Bond Resolution will thereupon be satisfied and discharged and will terminate, except only that the City will remain liable for payment of all principal, interest and premium, if any, represented by the Bonds, but only out of monies on deposit in the Interest and Sinking Fund or otherwise held in trust for such payment. City may pay and discharge any or all of the Bonds by depositing in trust with the Paying Agent (or an escrow agent) at or before maturity, Defeasance Securities in an amount which, together with the interest to accrue thereon and available monies then on deposit in the Interest and Sinking Fund of the City, will be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. "Defeasance Securities" means non-callable, non-prepayable obligations of the type listed in clause (i) or (ii) of the definition of Investment Securities herein. See "INVESTMENT OF BOND PROCEEDS" herein. Payments, Transfers and Exchanges Upon Abandonment of Book-Entry Only System In the event that the book-entry only system is no longer used with respect to the Bonds, payment of interest on the Bonds will be made on each interest payment date to the person whose name appears on the bond registration books of the Paying Agent as the owner of the Bonds as of the close of business on the fifteenth day of the month prior to such interest payment date, whether or not such day is a Business Day (the "Record Date"). Payment of the interest on any Bond will be made by check or draft mailed by first class mail to the registered owner of such Bond at such owner's address as it appears on the bond registration books of the Paying Agent or at such address as such owner may have filed with the Paying Agent for that purpose; or, upon the written request of the registered owner of Bonds aggregating not less than $1,000,000 in principal amount, given no later than the Record Date preceding the applicable interest payment date, by wire transfer in immediately available funds to an account maintained in the United . The book-entry only system for registration of the ownership of the Bonds in book-entry form may be discontinued at any time if: (1) DTC resigns as securities depository for the Bonds; or (2) the City determines that a continuation of the system of book-entry transfers through DTC (or through a successor securities depository) is not in the best interests of the City. In each of such events (unless the City appoints a successor securities depository), the Bonds will be delivered in such denominations and registered in the names of such persons as are requested in a certificate of the City, but without any liability on the part of the City or the Paying Agent for the accuracy of such designation. Whenever DTC requests the City and the Paying Agent to do so, the City and the Paying Agent will cooperate with DTC in taking appropriate action after reasonable notice to arrange for another securities depository to maintain custody of or to print bonds evidencing the Bonds. Thereafter, all Bonds are transferable or exchangeable as described in the Paying Agent Agreement. 176 6 136036.5 035180 OS States at such wire address as such owner specifies in its written notice. Principal of, and premium, if any, on the Bonds will be payable at the principal corporate trust office of the Paying Agent or at such other location as the Paying Agent may designate. The Bonds will be in the form of fully-registered Bonds and will be issued in denominations of $5,000 or any integral multiple thereof. ESTIMATED SOURCES AND USES OF FUNDS The following table sets forth the estimated sources and uses of proceeds with respect to the sale of the Bonds. Sources Principal Amount of the Bonds ........................................... [Net Original Issue Premium] ............................................. Total Sources ............................................. Uses Redemption of the 2001 Bonds Underwriter's Discount ....................................................... Costs of Issuance(1) .............................................................. Total Uses .................................................. ____________________ (1) Costs of issuance include printing costs, rating agency fees, legal fees and other miscellaneous expenses. See "SALE OF THE BONDS" herein. [Remainder of Page Intentionally Left Blank] 177 7 136036.5 035180 OS DEBT SERVICE SCHEDULE The following table sets forth the annual debt service schedule for the Bonds. Year Ending August 1, Principal Interest Annual Debt Service 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total(1) (1) Totals may not add up correctly due to independent rounding. 178 8 136036.5 035180 OS SECURITY FOR THE BONDS Paying Agent Agreement The City and the Paying Agent will enter into the Paying Agent Agreement to provide for the payment of the principal of and interest on the Bonds. Pursuant to the Paying Agent Agreement, the City covenants that the money for the payment of principal and interest on the Bonds will be raised by ad valorem taxation without limitation as to rate or amount (except with respect to certain personal property which is taxable at limited rates) upon all taxable property located within the City, and provision will be made for the levy and collection of such taxes in the manner provided by law, and the City will cause such money to be transferred to the Paying Agent for deposit in the Interest and Sinking Fund. Levy, Tax Rate and Assessed Valuation According to the requirements of Article XIII A of the California Constitution (initially adopted by California voters as Proposition 13 in 1978), the County of Santa Clara levies a one percent ad valorem property tax on behalf of all taxing agencies in the County and the ad valorem property tax for payment of the Bonds and the general obligation bonds of school districts and other governmental entities in Santa Clara County. The one percent ad valorem property tax and the property tax for the Bonds are assessed and collected by the County at the same time and on the same tax rolls. The proceeds of the property tax collected for the Bonds would be applied by the City to pay debt service on the Bonds when due. The proceeds of the one percent ad valorem property taxes are apportioned on the basis of a formula established by State law. Under this formula, the City and all other taxing entities receive a base year allocation plus an allocation on the basis of "situs" growth in assessed value prorated among the jurisdictions which serve the tax rate areas within which the growth occurs. Tax rate areas are specifically defined geographic areas which were developed to permit the levying of taxes for less than countywide or less than citywide special districts. Certain other ad valorem property taxes and assessments and other per-parcel taxes and assessments are also included in the levy pursuant to the County's tax rolls. The assessed valuation of property located within the County is established by the County Assessor, except for public utility property, which is assessed by the State Board of Equalization. Assessed valuations are reported at 100 percent of the full cash value of the property, as defined in Article XIII A of the California Constitution. Full cash value is defined as "the county assessor's valuation of real property as shown on the 1975-76 tax bill under "full cash value," or thereafter, the appraised value of real property newly constructed, or when a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually to reflect inflation at a rate not to exceed two percent per year, or a reduction in the consumer price index or comparable local data for the area or may be reduced in the event of declining property value caused by damage, destruction or other factors including a general economic downturn. The full cash value may also be adjusted due to change of ownership or new construction. See "CONSTITUTIONAL AND STATUTORY TAX LIMITATIONS ON TAXES AND APPROPRIATIONS" herein. The County Assessor may also temporarily reduce assessed values of property within the County. Pursuant to Proposition 8, property owners are entitled to the lower of the fair market value of their property as of January 1 or the assessed value as determined at the time of purchase or construction, and increased by no more than two percent annually. See "– Proposition 8 Reductions and Appeals to Assessed Value" below. Article XIII A has had the general effect of stabilizing assessed valuation such that it does not fluctuate to the same degree as the market value of property in a taxing area, but instead gradually reflects changes in ownership of longer held properties that are reassessed upon ransfer and other permitted increases and decreases of assessed value. As a result of Article XIII A and its restrictions on the County 179 9 136036.5 035180 OS Assessor's ability to increase assessed value, property that has been owned by the same taxpayer for many years can have an assessed value that is much lower than the market value of the property. Property that is similarly situated that has recently been acquired may have a substantially higher assessed value reflecting the recent acquisition price. Increases in assessed value in a taxing area may occur due to the change in ownership of property even when the rate of inflation or consumer price index do not permit a full two percent annual increase in assessed valuation of other property located in the taxing area. The table below shows a history of assessed valuations of property within the City. The total assessed value for Fiscal Year 2010-11 is $9,963,412,097, a decline of 1.03% from Fiscal Year 2009-10. TABLE 1 CITY OF SARATOGA ASSESSED VALUATION HISTORY FISCAL YEARS ENDED JUNE 30, 2006-2010 (In Thousands) Type of Property 2006 2007 2008 2009 2010 Residential $7,883,965 $8,467,894 $9,025,628 $ 9,605,309 $ 9,729,087 Commercial 177,149 187,142 208,369 213,951 231,691 Industrial 8,921 9,099 9,281 9,467 9,656 Institutional 38,027 45,706 50,590 51,052 57,495 Vacant 90,611 107,228 110,656 128,898 110,225 Other 32,858 39,536 49,023 43,240 44,856 Unsecured 46,874 39,764 35,775 43,933 58,210 Total Assessed Property $8,278,405 $8,896,369 $9,489,322 $10,095,850 $10,241,220 Less: Tax Exempt Real Property (133,951) (140,859) (159,369) (161,488) (173,628) Total Taxable Assessed Value $8,144,454 $8,755,510 $9,329,953 $9,934,362 $10,067,592 Source: City of Saratoga Comprehensive Annual Financial Report, Fiscal Year 2009-10. 180 10 136036.5 035180 OS Proposition 8 Reductions and Appeals to Assessed Value. The County reviews assessment appeals upon individual request. In November 1978, State voters passed Proposition 8, which provides that property owners are entitled to an assessment based on the lower of the fair market value of their property as of the lien date (January 1), or the assessed value as determined at the time of purchase or construction, and increased by no more than two percent annually. As a matter of policy and in accordance with Proposition 8, the County Assessor has proactively responded to declining market values by temporarily reducing assessed values. According to the County Assessor, there are 286 active appeals in the City, requesting an aggregate reduction of $206 million in assessed value. See "CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS – Article XIII A." Payment Dates and Liens Taxes are levied for each fiscal year from July 1 to June 30 on taxable real and personal property situated in the County as of the preceding January 1. However, upon a change in ownership of property or completion of new construction, State law permits an accelerated recognition and taxation of increases in real property assessed valuation (known as a "floating lien date"). For assessment and collection purposes, all property (both real and personal) is classified either as "secured" or "unsecured" and is listed accordingly on separate parts of the assessment roll. Property taxes arising on a floating lien date are posted on a supplemental assessment roll (secured or unsecured, as the case may be). The "secured roll" is that part of the assessment roll containing (i) property, the taxes on which are secured by a lien on the real property which is sufficient, in the opinion of the County Assessor, to secure payment of the taxes and (ii) State Board of Equalization assessed (public utilities) property. The "unsecured roll" is that part of the assessment roll containing property, such as business property or leased or rented premises, which is not secured by the underlying real property. California law provides partial exemptions from taxation for owner-occupied residences (the "homeowner's exemption") in an amount of up to $7,000 per single family residence. Under State law, revenues lost to local governments due to this exemption are reimbursed by the State. Property taxes on the secured roll are due in two installments, on November 1 and February 1 of each fiscal year. If unpaid, such taxes become delinquent on December 10 and April 10, respectively, and a ten percent penalty attaches to any delinquent payment. In addition, property on the secured roll with respect to which taxes are delinquent is declared to be in default on or about October 30 of the fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and the delinquency penalty, plus a redemption penalty of 1.5 percent per month to the time of redemption. If taxes are unpaid for a period of five years or more, the tax-defaulted property is declared to be subject to the County Tax Collector's power of sale and may be subsequently sold within two years by the County Tax Collector. Property taxes on the unsecured roll are due as of the January 1 lien date and become delinquent, if unpaid, on August 31. A 10 percent penalty attaches to delinquent taxes on property on the unsecured roll, and an additional penalty of 1.5 percent per month begins to accrue beginning November 1. The taxing authority has four ways of collecting unsecured personal property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the County Clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of delinquency for recordation in the County Recorder's office, in order to obtain a lien on certain property of the taxpayer; and (4) seizure and sale of personal property, improvements or possessory interests, belonging to the assessee. 181 11 136036.5 035180 OS The City receives the full ad valorem property tax levy regardless of any delinquencies due to the County’s Teeter Plan described below. See also Appendix A – “AUDITED FINANCIAL STATEMENTS OF THE CITY OF SARATOGA FOR FISCAL YEAR 2009-10” attached hereto. Teeter Plan The Board of Supervisors of the County has approved the implementation if the Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds (the “Teeter Plan”), as provided for in Section 4701 et seq. of the California Revenue and Taxation Code. Under the Teeter Plan, the County apportions secured property taxes on an accrual basis when due (irrespective of actual collections) to local political subdivisions, including the City, for which the County acts as the tax-levying or tax-collecting agency. The Teeter Plan was effective beginning the fiscal year commencing July 1, 1993. The Teeter Plan is applicable to all tax levies on secured property for which the County acts as the tax-levying or tax-collecting agency, or for which the County treasury is the legal depository of the tax collections. The ad valorem property tax to be levied to pay the interest on and principal of the Bonds will be subject to the Teeter Plan[, beginning in the first year of such levy in fiscal year]. The City will receive 100% of the ad valorem property tax on secured property levied to pay the Bonds irrespective of actual delinquencies in the collection of the tax by the County. The Teeter Plan is to remain in effect unless the Board of Supervisors of the County orders its discontinuance or unless, prior to the commencement of any fiscal year, the Board of Supervisors of the County receives a petition for its discontinuance adopted by resolution of two-thirds of the participating revenue districts in the County. Further, the County may, by resolution adopted not later than July 15 of any subsequent fiscal year after a public hearing, discontinue the Teeter Plan as to any tax levying or assessment levying agency if the rate of secured tax delinquency in that agency in any year exceeds three percent of the total of all taxes and assessments levied on the secured rolls for that agency. Largest Taxpayers If the Teeter Plan is discontinued, only those secured property taxes actually collected would be allocated to political subdivisions (including the City) for which the County acts as the tax-levying or tax collecting agency. The twenty largest taxpayers in the City for Fiscal Year 2010-11 and their taxable assessed values are set forth in the following table. 182 12 136036.5 035180 OS TABLE 2 CITY OF SARATOGA LARGEST SECURED PROPERTY TAXPAYERS FISCAL YEAR 2010-11 Property Owner Primary Land Use 2010-11 Assessed Valuation % of Total (1) 1. Cupertino Village Associates LLC Office Building $ 34,806,646 0.35% 2. Quito Village Associates LLC Shopping Center 19,000,000 0.19 3. John I. and Michelle Keller Residential 18,456,155 0.19 4. San Jose Water Works Water Company 14,675,569 0.15 5. Gregpenn Properties LLC Residential 14,389,914 0.15 6. David J. and Terri E. Morrison Office Building 13,753,273 0.14 7. John M. and Abby J. Sobrato Residential 13,288,933 0.13 8. Argonaut Associates, LLC Shopping Center 10,485,540 0.11 9. Ashok Krishnamurthi Residential 10,414,429 0.11 10. Public Storage Inc. Mini Storage 9,395,090 0.09 11. Coyote Properties IV LLC Residential 8,305,507 0.08 12. Ashok K. and Shipra Jain Residential 8,195,887 0.08 13. Venkatesh and Neelakantan Harinarayan Residential 7,897,238 0.08 14. David L. House Residential 7,455,760 0.08 15. JF Plaza Partners LP Shopping Center 7,379,806 0.07 16. Brian and Lorilee Dexheimer Residential 7,372,534 0.07 17. Ray A. Russo, Sr. Shopping Center 7,367,323 0.07 18. Michael A. and Patricia A. Klayko Residential 7,060,729 0.07 19. Eliyahou and Britt M. Harari Residential 6,950,981 0.07 20. Stephen J. Luczo Residential 6,942,929 0.07 $233,594,243 2.36% (1) Based on 2010-11 Secured Assessed Valuation of $9,911,516,040. Source: California Municipal Statistics, Inc. The County Assessor reports that the following top taxpayers have unresolved appeals to their assessed valuations: Cupertino Village Associates has one active appeal with $16.9 million at risk, David House has two active appeals with $1,667,000 at risk, and Ashok Krishnamurthi has one active appeal with $300,000 at risk. Taxation of State-Assessed Utility Property The State Constitution provides that most classes of property owned or used by regulated utilities be assessed by the State Board of Equalization (the "BOE") and taxed locally. Property valued by the BOE as an operating unit in a primary function of the utility taxpayer is known as "unitary property," a concept designed to permit assessment of the utility as a going concern rather than assessment of each individual element of real and personal property owned by the utility taxpayer. State-assessed unitary and "operating nonunitary" property (which excludes nonunitary property of regulated railways) is allocated to the counties based on the situs of the various components of the unitary property. Except for unitary property of regulated railways and certain other excepted property, all unitary and operating nonunitary property is taxed at special county-wide rates and distributed to taxing jurisdictions according to statutory formulae generally based on the distribution of taxes in the prior year. Assembly Bill 454 ("AB 454") (Chapter 921, Statutes of 1986) provides that revenues derived from unitary property, commencing with Fiscal Year 1988-89, will be allocated as follows: (i) each 183 13 136036.5 035180 OS jurisdiction will receive up to 102 percent of its prior year State-assessed revenue; and (ii) if county-wide revenues generated from unitary property are less than the previous year's revenues or greater than 102 percent of the previous year's revenues, each jurisdiction will share the burden of the shortfall or excess revenues by a specified formula. This provision applies to all unitary property except railroads, the valuation of which continues to be allocated to individual tax rate areas. The provisions of AB 454 do not constitute an elimination of the assessment of any State-assessed properties nor a revision of the methods of assessing utilities by the State Board of Equalization. Generally, AB 454 allows valuation growth or decline of unitary property to be shared by all jurisdictions in a county. In the past, the State has passed legislation that resulted in a decrease in the amount of assessed utility property and corresponding tax revenues allocated to the State's local taxing agencies, including the City. The City is unable to predict whether legislation will be proposed or enacted in the future in response to industry restructuring, or whether any future legislation or litigation may affect the State's methods of assessing utility property and the allocation of assessed value to local taxing agencies. Direct and Overlapping Debt Report Contained within the City's tax code area are districts providing public services, a number of which have issued general obligation bonds and lease obligations. Direct debt constitutes debt directly issued by the City while overlapping debt constitutes that portion of debt issued by different public entities within the same tax code area as the City's. The City is not responsible for the overlapping debt of other local agencies. The statement of direct and overlapping debt (the "Debt Report") set forth below was prepared by California Municipal Statistics, Inc., and is dated as of June 30, 2011. The Debt Report includes only such information as has been reported to California Municipal Statistics, Inc. by the issuers of the debt described therein and by others. The Debt Report is included for general information purposes only. The City has not independently verified its completeness or accuracy and makes no representations in connection therewith. TABLE 3 CITY OF SARATOGA ESTIMATED DIRECT AND OVERLAPPING BONDED DEBT AS OF JUNE 30, 2011 2010-11 Assessed Valuation: $9,963,412,097 Total Debt City’s Share of DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: 6/30/11 % Applicable (1) Debt 6/30/11 Santa Clara County $334,900,000 3.755% $12,575,495 Santa Clara Valley Water District, Zone W-1 405,000 4.034 16,338 Foothill-De Anza Community College District 466,224,288 1.718 8,009,733 West Valley Community College District 213,049,346 11.820 25,182,433 Campbell Union High School District 167,315,000 5.606 9,379,679 Fremont Union High School District 265,975,108 3.709 9,865,017 Los Gatos-Saratoga Joint Union High School District 55,215,000 40.690 22,466,984 Campbell Union School District 119,646,120 6.953 8,318,995 Cupertino Union School District 122,479,905 6.109 7,482,297 Moreland School District 71,683,662 12.793 9,170,491 Saratoga Union School District 47,550,032 85.966 40,876,861 Saratoga Fire Protection District 4,818,737 97.261 4,686,752 City of Saratoga 12,605,000 100. 12,605,000 Santa Clara Valley Water District Benefit Assessment District 143,160,000 3.755 5,375,658 TOTAL DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT $176,011,733 184 14 136036.5 035180 OS OVERLAPPING GENERAL FUND DEBT: Santa Clara County General Fund Obligations $786,980,000 3.755% $29,551,099 Santa Clara County Pension Obligations 386,024,822 3.755 14,495,232 Santa Clara County Board of Education Certificates of Participation 12,580,000 3.755 472,379 Santa Clara County Vector Control District Certificates of Participation 3,800,000 3.755 142,690 Foothill-DeAnza Community College District Certificates of Participation 21,215,000 1.718 364,474 West Valley-Mission Community College District General Fund Obligations 56,120,000 11.820 6,633,384 Los Gatos-Saratoga Joint Union High School District Certificates of Participation 9,650,000 40.690 3,926,585 Saratoga Union School District Certificates of Participation 6,110,000 85.966 5,252,523 Midpeninsula Regional Open Space Park District General Fund Obligations 131,003,031 6.236 8,169,349 TOTAL OVERLAPPING GENERAL FUND DEBT $69,007,715 TOTAL DIRECT DEBT $12,605,000 TOTAL OVERLAPPING DEBT $232,414,448 COMBINED TOTAL DIRECT AND OVERLAPPING DEBT $245,019,448 (2) (1) Percentage of overlapping agency's assessed valuation located within boundaries of the city. (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and tax allocation bonds and non-bonded capital lease obligations. Ratios to 2010-11 Assessed Valuation: Direct Debt ($12,605,000) ............................................... 0.13% Total Direct and Overlapping Tax and Assessment Debt ........................1.77% Combined Total Direct and Overlapping Debt ........................................2.46% STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/10: $0 Source: California Municipal Statistics, Inc. [Remainder of Page Intentionally Left Blank] 185 15 136036.5 035180 OS Factors Affecting Property Tax Security for the Bonds The annual property tax rate for repayment of the Bonds will be based on the total assessed value of taxable property located within the City and the scheduled debt service on the Bonds in each year. Because of Article XIII A's limitations on the annual increase in assessed values of taxable properties (generally a two percent per year limit on increases in the assessed value of a property absent changes in ownership or new improvements), the assessed value of many properties within the City remains below current market values. In general, Article XIII A may cause assessed values to lag behind both increases and decreases in market values. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation" and "CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS" herein. Fluctuations in the annual debt service on the Bonds and the assessed value of taxable property within the City may cause the annual property tax rate applicable to the Bonds to fluctuate. Issuance by the City, the County or other taxing entities of additional authorized bonds payable from ad valorem property taxes may cause the overall property tax rate in the City to increase. Certain factors that may affect the security for the Bonds are discussed in more detail below. Total Assessed Value of Taxable Property in the City. The greater the assessed value of taxable property located within the City, the lower the tax rate necessary to generate taxes sufficient to pay scheduled debt service on general obligation bonds. Total assessed valuation of taxable property within the City in Fiscal Year 2010-11 was approximately $9,963,412,097. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation" and accompanying discussion of assessed valuation for Fiscal Year 2010-11. Natural and economic forces can affect the assessed value of taxable property within the City. The City is located in a seismically active region, and damage from an earthquake in or near the City could cause moderate to extensive damage to taxable property. See "SECURITY FOR THE BONDS – Factors Affecting Property Tax Security for the Bonds – Seismic Risks" below. Other natural or manmade disasters, such as flood, fire, toxic dumping or acts of terrorism, could cause a reduction in the assessed value of taxable property within the City. Economic and market forces, such as a downturn in the regional economy generally, can also affect assessed values, particularly as these forces might reverberate in the residential housing and commercial property markets. In addition, the total assessed value can be reduced through the reclassification of taxable property to a class exempt from taxation, whether by ownership or use (such as exemptions for property owned by State and local agencies and property used for qualified educational, hospital, charitable or religious purposes). Reductions in the market values of taxable property may cause property owners to appeal assessed values and may be associated with an increase in delinquency rates for taxes. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation – Proposition 8 Reductions and Appeals to Assessed Value" herein. Concentration of Taxable Property Ownership. The more property (by assessed value) owned by any single taxpayer, the more exposure of tax collections to weakness in that taxpayer's financial situation and ability or willingness to pay property taxes. In Fiscal Year 2010-11, no single taxpayer owned more than __ percent of the total taxable property within the City. See "SECURITY FOR THE BONDS – Largest Taxpayers" herein. Property Tax Rates. One factor in the ability of taxpayers to pay taxes for general obligation bonds is the overall rate of tax. Parcels in the City are subject to a number of tax rate areas, which are specifically defined geographic areas developed to permit the levying of taxes for less than countywide or less than citywide special districts. Each tax area has a unique combination of taxing agencies and special 186 16 136036.5 035180 OS assessments. A typical tax rate area has tax rates per $100 of assessed value that include a base rate of one percent (or $1.00 per $100 of assessed value), plus a levy for school bonds, a levy for water bonds, a levy for the County's pension funding and miscellaneous other levies and assessments for other debt. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation." Debt Burden on Owners of Taxable Property within the City. Another measure of the debt burden on local taxpayers is total debt as a percentage of taxable property value. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation" and "SECURITY FOR THE BONDS – Direct and Overlapping Debt Report." Seismic Risks. The State, including Santa Clara County, is a seismically active region. Active earthquake faults underlie both Santa Clara County and the surrounding Bay Area, including the San Andreas Fault and the Hayward Fault. In addition to the potential damage to City-owned buildings and facilities (on which the City does not generally carry earthquake insurance), a major earthquake may cause significant temporary and possibly long-term harm to the City's economy, tax receipts and residential and business real property values. City of Saratoga Recent Developments For certain economic, demographic and financial information with respect to the City, see Appendix A – “AUDITED FINANCIAL STATEMENTS OF THE CITY OF SARATOGA FOR FISCAL YEAR 2009-10” attached hereto and “SECURITY FOR THE BONDS – City of Saratoga Recent Developments” herein. In addition, below is a description of recent developments in the City since June 30, 2010. [describe] CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS California law permits citizens to effect changes to the State's Constitution and statutes, without involvement by the legislature, through the initiative process. Under this process, initiative supporters submit petitions to State election officials, who are required to submit the initiative to voters if the petitions meet statutory requirements. Many provisions of State law have been added or affected by initiatives. The initiatives described as follows have materially adversely affected the City's ability to raise revenues or spend money. Article XIII A. Article XIII A of the California Constitution limits the amount of ad valorem tax on real property to one percent of the full cash value of the real property plus amounts necessary to pay debt service on specified indebtedness approved by voters. Full cash value means "the county assessor's valuation of real property as shown on the 1975-76 tax bill under "full cash value," or thereafter, the appraised value of real property newly constructed, or when a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually to reflect inflation at a rate not to exceed two percent per year, or a reduction in the consumer price index or comparable local data for the area or may be reduced in the event of declining property value caused by damage, destruction or other factors including a general economic downturn. The full cash value may be adjusted due to change of ownership or new construction. See "SECURITY FOR THE BONDS – Levy, Tax Rate and Assessed Valuation" herein. 187 17 136036.5 035180 OS Article XIII B. Article XIII B of the California Constitution limits the annual appropriations of governmental agencies. The appropriations limit for the City in each year is based on the limit for the prior year, adjusted for changes in the costs of living and changes in population, and adjusted, where applicable, for transfer of financial responsibility of providing services to or from another unit of government, with other provisions applicable in case of emergency. The change in the cost of living is, at the City's option, either (i) the percentage change in State per capita personal income, or (ii) the percentage change in the local assessment roll for the jurisdiction due to the addition of nonresidential new construction. The measurement of change in population is a blended average of statewide overall population growth, and change in attendance at local school and community college districts. Article XIII B permits the City to change the appropriations limit by vote of the electorate in conformity with statutory and Constitutional voting requirements, but any such voter-approved change can only be effective for a maximum of four years. Appropriations subject to Article XIII B include generally any authorization to expend during the fiscal year the proceeds of taxes levied by the City, exclusive of State subventions, refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds. Appropriations subject to limitation pursuant to Article XIII B do not include debt service on specified indebtedness, appropriations required to comply with mandates of courts or the Federal government and appropriations for qualified outlay projects. Debt service on the Bonds, as voter-approved obligations, are not subject to Article XIII B appropriation limitations. "Proceeds of taxes" include, but are not limited to, all tax revenues and the proceeds to the County from (i) regulatory licenses, user charges, and user fees to the extent such proceeds exceed the cost of providing the service or regulation, (ii) the investment of tax revenues and (iii) State subventions received by the City. The appropriations limit is tested over consecutive two-year periods. Any excess of the aggregate "proceeds of taxes" received by the City over such two-year period above the combined appropriations limits for those two years is to be returned to taxpayers by reductions in tax rates or fee schedules over the subsequent two years. The City's appropriations limit for Fiscal Year 2009-10 was $31,261,971, and the amount subject to the limitation was approximately $9,941,500. The City's appropriations limit for Fiscal Year 2010-11 was $30,851,813 and the amount of appropriations subject to limitation for that year was approximately $9,599,500. Proposition 62. Provisions of State law added by the voter approval of Proposition 62 in 1986 (a) require that any new or higher taxes for general governmental purposes imposed by the local agency be approved by a two-thirds vote of the Board and by a majority vote of the voters of the local agency voting in an election on the tax, (b) require that any special tax (defined as taxes levied for other than general governmental purposes) imposed by the local agency be approved by a two-thirds vote of the voters of the local agency voting in an election on the tax, (c) restrict the use of revenues from a special tax to the purposes or for the service for which the special tax was imposed, (d) prohibit the imposition of ad valorem taxes on real property by the local agency except as permitted by Article XIII A of the California Constitution and (e) prohibit the imposition of transaction taxes and sales taxes on the sale of real property by the City. Article XIII C. Articles XIII C and XIII D of the California Constitution were added in 1996. Article XIII C requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general governmental purposes of the City require a majority vote and taxes for specific purposes require a two-thirds vote. In addition Article XIII C removed many of the limitations on the initiative power in matters of reducing or repealing any local tax, assessment, fee or charge. As a result, voters of the City could approve initiatives which reduce or repeal local taxes, assessments, fees or charges currently comprising a substantial part of the City's general fund. No such initiative is currently pending, or to the knowledge of the City, proposed. 188 18 136036.5 035180 OS Article XIII D. Article XIII D imposes requirements and limitations for "assessments" for governmental services and programs. "Assessment" is defined to mean any levy or charge upon real property for a special benefit conferred upon the real property. Article XIII D limits "fees" and "charges," defined to mean "any levy other than an ad valorem tax, a special tax, or an assessment, imposed by a local government upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service." Property related fees and charges (i) must not generate revenues exceeding the funds required to provide the property related service, (ii) must not be used for any purpose other than those for which the fees and charges are imposed, (iii) must be for a service actually used by, or immediately available to, the owner of the property in question, or (iv) must not be used for general governmental services, including police, fire or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Further, before any property related fee or charge may be imposed or increased, written notice must be given to the record owner of each parcel of land affected by such fee or charge. The City must then hold a hearing upon the proposed imposition or increase, and if written protests against the proposal are presented by a majority of the owners of the identified parcels, the City may not impose or increase the fee or charge. Moreover, except for fees or charges for sewer, water and refuse collection services, or fees for electrical and gas service, which are not treated as "property related" for purposes of Article XIII D, no property related fee or charge may be imposed or increased without majority approval by the property owners subject to the fee or charge or, at the option of the local agency, two-thirds voter approval by the electorate residing in the affected area. Proposition 1A. Proposition 1A, proposed by the Legislature in connection with the 2004-05 Budget Act, approved by the voters in November 2004 and generally effective in Fiscal Year 2006-07, provides that the State may not reduce any local sales tax rate, limit existing local government authority to levy a sales tax rate or change the allocation of local sales tax revenues, subject to certain exceptions. Proposition 1A generally prohibits the State from shifting to schools or community colleges any share of property tax revenues allocated to local governments for any fiscal year, as set forth under the laws in effect as of November 3, 2004. Any change in the allocation of property tax revenues among local governments within a county must be approved by two-thirds of both houses of the Legislature. Proposition 1A provides, however, that beginning in Fiscal Year 2008-09, the State may shift to schools and community colleges up to eight percent of local government property tax revenues, which amount must be repaid, with interest, within three years, if the Governor proclaims that the shift is needed due to a severe state financial hardship, the shift is approved by two-thirds of both houses and certain other conditions are met. The State may also approve voluntary exchanges of local sales tax and property tax revenues among local governments within a county. Proposition 1A also provides that if the State reduces the vehicle license fee rate currently in effect, 0.65 percent of vehicle value, the State must provide local governments with equal replacement revenues. Proposition 1A may result in increased and more stable City revenues. The magnitude of such increase and stability is unknown and would depend on future actions by the State. However, Proposition 1A could also result in decreased resources being available for State programs. This reduction, in turn, could affect actions taken by the State to resolve budget difficulties. Such actions could include increasing State taxes, decreasing spending on other State programs or other action, some of which could be adverse to the finances of the City. Future Initiatives. Article XIII A, Article XIII B, Article XIII C and Article XIII D of the State Constitution and the statutes added by Proposition 62 and Proposition 1A were all adopted pursuant to the State's initiative process. The limitations imposed upon the City by these provisions hinder the City’s ability to raise revenues through taxes or otherwise and may therefore prevent the City from meeting increased expenditure requirements. The City expects that other initiative measures will be adopted, some of which may place further limitations on the ability of the State, the City or local districts to 189 19 136036.5 035180 OS increase revenues or to spend money or which could have other financially adverse effects such as requiring the City to undertake new responsibilities. Such other initiatives could have a material adverse effect on the City's financial condition. TAX MATTERS Opinion of Bond Counsel In the opinion of Hawkins Delafield & Wood LLP, Bond Counsel to the City, under existing statutes and court decisions and assuming continuing compliance with certain tax covenants described herein, (i) interest on the Bonds is excluded from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In rendering its opinion, Bond Counsel has relied on certain representations, certifications of fact, and statements of reasonable expectations made by the City in connection with the Bonds, and Bond Counsel has assumed compliance by the City with certain ongoing covenants to comply with applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. In addition, in the opinion of Bond Counsel to the City, under existing statutes, interest on the Bonds is exempt from State of California personal income taxes. Bond Counsel expresses no opinion regarding any other Federal or state tax consequences with respect to the Bonds. Bond Counsel renders its opinion under existing statutes and court decisions as of the issue date, and assumes no obligation to update, revise or supplement its opinion to reflect any action hereafter taken or not taken, or any facts or circumstances that may hereafter come to its attention, or changes in law or in interpretations thereof that may hereafter occur, or for any other reason. Bond Counsel expresses no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for Federal income tax purposes of interest on the Bonds, or under state and local tax law. Certain Ongoing Federal Tax Requirements and Covenants The Code establishes certain ongoing requirements that must be met subsequent to the issuance and delivery of the Bonds in order that interest on the Bonds be and remain excluded from gross income under Section 103 of the Code. These requirements include, but are not limited to, requirements relating to use and expenditure of gross proceeds of the Bonds, yield and other restrictions on investments of gross proceeds, and the arbitrage rebate requirement that certain excess earnings on gross proceeds be rebated to the Federal government. Noncompliance with such requirements may cause interest on the Bonds to become included in gross income for Federal income tax purposes retroactive to their issue date, irrespective of the date on which such noncompliance occurs or is discovered. The City has covenanted to comply with certain applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. Certain Collateral Federal Tax Consequences The following is a brief discussion of certain collateral Federal income tax matters with respect to the Bonds. It does not purport to address all aspects of Federal taxation that may be relevant to a 190 20 136036.5 035180 OS particular owner of a Bond. Prospective investors, particularly those who may be subject to special rules, are advised to consult their own tax advisors regarding the Federal tax consequences of owning and disposing of the Bonds. Prospective owners of the Bonds should be aware that the ownership of such obligations may result in collateral Federal income tax consequences to various categories of persons, such as corporations (including S corporations and foreign corporations), financial institutions, property and casualty and life insurance companies, individual recipients of Social Security and railroad retirement benefits, individuals otherwise eligible for the earned income tax credit, and taxpayers deemed to have incurred or continued indebtedness to purchase or carry obligations the interest on which is excluded from gross income for Federal income tax purposes. Interest on the Bonds may be taken into account in determining the tax liability of foreign corporations subject to the branch profits tax imposed by Section 884 of the Code. Original Issue Discount “Original issue discount” (“OID”) is the excess of the sum of all amounts payable at the stated maturity of a Bond (excluding certain “qualified stated interest” that is unconditionally payable at least annually at prescribed rates) over the issue price of that maturity. In general, the “issue price” of a maturity means the first price at which a substantial amount of the Bonds of that maturity was sold (excluding sales to bond houses, brokers, or similar persons acting in the capacity as underwriters, placement agents, or wholesalers). In general, the issue price for each maturity of Bonds is expected to be the initial public offering price set forth on the cover page of the Official Statement. Bond Counsel further is of the opinion that, for any Bonds having OID (a “Discount Bond”), OID that has accrued and is properly allocable to the owners of the Discount Bonds under Section 1288 of the Code is excludable from gross income for Federal income tax purposes to the same extent as other interest on the Bonds. In general, under Section 1288 of the Code, OID on a Discount Bond accrues under a constant yield method, based on periodic compounding of interest over prescribed accrual periods using a compounding rate determined by reference to the yield on that Discount Bond. An owner’s adjusted basis in a Discount Bond is increased by accrued OID for purposes of determining gain or loss on sale, exchange, or other disposition of such Bond. Accrued OID may be taken into account as an increase in the amount of tax-exempt income received or deemed to have been received for purposes of determining various other tax consequences of owning a Discount Bond even though there will not be a corresponding cash payment. Owners of Discount Bonds should consult their own tax advisors with respect to the treatment of original issue discount for Federal income tax purposes, including various special rules relating thereto, and the state and local tax consequences of acquiring, holding, and disposing of Discount Bonds. Bond Premium In general, if an owner acquires a Bond for a purchase price (excluding accrued interest) or otherwise at a tax basis that reflects a premium over the sum of all amounts payable on the Bond after the acquisition date (excluding certain “qualified stated interest” that is unconditionally payable at least annually at prescribed rates), that premium constitutes “bond premium” on that Bond (a “Premium Bond”). In general, under Section 171 of the Code, an owner of a Premium Bond must amortize the bond premium over the remaining term of the Premium Bond, based on the owner’s yield over the remaining term of the Premium Bond determined based on constant yield principles (in certain cases involving a Premium Bond callable prior to its stated maturity date, the amortization period and yield may be required to be determined on the basis of an earlier call date that results in the lowest yield on such bond). An owner of a Premium Bond must amortize the bond premium by offsetting the qualified stated interest 191 21 136036.5 035180 OS allocable to each interest accrual period under the owner’s regular method of accounting against the bond premium allocable to that period. In the case of a tax-exempt Premium Bond, if the bond premium allocable to an accrual period exceeds the qualified stated interest allocable to that accrual period, the excess is a nondeductible loss. Under certain circumstances, the owner of a Premium Bond may realize a taxable gain upon disposition of the Premium Bond even though it is sold or redeemed for an amount less than or equal to the owner’s original acquisition cost. Owners of any Premium Bonds should consult their own tax advisors regarding the treatment of bond premium for Federal income tax purposes, including various special rules relating thereto, and state and local tax consequences, in connection with the acquisition, ownership, amortization of bond premium on, sale, exchange, or other disposition of Premium Bonds. Information Reporting and Backup Withholding Information reporting requirements apply to interest paid on tax-exempt obligations, including the Bonds. In general, such requirements are satisfied if the interest recipient completes, and provides the payor with, a Form W-9, “Request for Taxpayer Identification Number and Certification,” or if the recipient is one of a limited class of exempt recipients. A recipient not otherwise exempt from information reporting who fails to satisfy the information reporting requirements will be subject to “backup withholding,” which means that the payor is required to deduct and withhold a tax from the interest payment, calculated in the manner set forth in the Code. For the foregoing purpose, a “payor” generally refers to the person or entity from whom a recipient receives its payments of interest or who collects such payments on behalf of the recipient. If an owner purchasing a Bond through a brokerage account has executed a Form W-9 in connection with the establishment of such account, as generally can be expected, no backup withholding should occur. In any event, backup withholding does not affect the excludability of the interest on the Bonds from gross income for Federal income tax purposes. Any amounts withheld pursuant to backup withholding would be allowed as a refund or a credit against the owner’s Federal income tax once the required information is furnished to the Internal Revenue Service. Miscellaneous Tax legislation, administrative actions taken by tax authorities, or court decisions, whether at the Federal or state level, may adversely affect the tax-exempt status of interest on the Bonds under Federal or state law and could affect the market price or marketability of the Bonds. Prospective purchasers of the Bonds should consult their own tax advisors regarding the foregoing matters. FINANCIAL STATEMENTS The audited financial statements of the City for fiscal year 2009-2010 are attached hereto as Appendix A and should be read in their entirety. The City’s independent auditor was not requested to consent to the inclusion of its report in Appendix A, nor has such auditor undertaken to update its report or take any action intended or likely to elicit information concerning the accuracy, completeness or fairness of the statements made in this official statement, and no opinion is expressed by such auditor with respect to any event subsequent to the date of its report. 192 22 136036.5 035180 OS CERTAIN LEGAL MATTERS Hawkins Delafield & Wood LLP, San Francisco, California, Bond Counsel to the City, will render an opinion with respect to the validity of the Bonds. A complete copy of the proposed form of the opinion to be delivered by Bond Counsel is contained in Appendix B hereto. Certain legal matters will be passed upon for the City by Richard Taylor, Esq., Shute, Mihaly & Weinberger LLP, City Attorney. Hawkins Delafield & Wood LLP has also served as Disclosure Counsel to the City. Bond Counsel/Disclosure Counsel will receive compensation from the City contingent upon the sale and delivery of the Bonds. ABSENCE OF LITIGATION No litigation is pending or threatened concerning the validity of the Bonds, and a certification to that effect will be furnished to purchasers at the time of the original delivery of the Bonds. The City is not aware of any litigation pending or threatened questioning the political existence of the City or Contesting the City’s ability to receive assessments or to collect other revenues or contesting the City’s ability to issue and retire the Bonds. CONTINUING DISCLOSURE The City will execute a Continuing Disclosure Certificate, to be dated as of the Closing Date (the "Continuing Disclosure Certificate"), which provides for certain disclosure obligations on the part of the City. Under the Continuing Disclosure Certificate, the City will covenant for the benefit of Owners and beneficial owners of the Bonds to provide certain financial information and operating data relating to the City by not later than March 30 of each year, commencing with the reports for Fiscal Year 2010-11 which is to be filed by March 30, 2012 (the "Annual Reports"), and to provide notices of the occurrence of certain enumerated events (the "Listed Events"), if material. All Annual Reports and notices of Listed Events must be filed with the MSRB's Electronic Municipal Market Access System. These covenants have been made in order to assist the initial purchasers of the Bonds in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the "Rule") For a form of the Continuing Disclosure Certificate, see APPENDIX D – "FORM OF CONTINUING DISCLOSURE CERTIFICATE" attached hereto. The City has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of Listed Events. FORWARD-LOOKING STATEMENTS Certain statements included or incorporated by reference in this Official Statement constitute "forward-looking statements." Such statements are generally identifiable by the terminology used such as "plan," "expect," "estimate," "budget," "intend," "projection" or other similar words. THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE CITY DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN 193 23 136036.5 035180 OS THEIR EXPECTATIONS, OR EVENTS, CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED OCCUR OR DO NOT OCCUR. RATINGS Moody's Investors Service ("Moody's") and Standard & Poor's Ratings Service ("S&P") have assigned the Bonds the ratings of "__" and "___," respectively. Certain information was supplied by the City to the rating agencies to be considered in evaluating the Bonds. Such ratings express only the views of the rating agencies and are not a recommendation to buy, sell or hold the Bonds. There is no assurance that such ratings will continue for any given period of time or that they will not be reduced or withdrawn entirely by the rating agencies, or either of them, if in their, or its, judgment, circumstances so warrant. The City undertakes no responsibility to oppose any such revision or withdrawal, although the City will covenant in the Continuing Disclosure Certificate to provide notice of any rating changes to the MSRB's Electronic Municipal Market Access System. Any such downward revision or withdrawal may have an adverse effect on the market price of the Bonds. SALE OF THE BONDS The Bonds were sold at competitive bid on __________, 2011. The Bonds were awarded to ________________ (the "Purchaser"), at a purchase price of $___________ (consisting of $___________ aggregate principal amount, plus $___________ of [net original issue premium], less underwriter's discount of $___________). The Official Notice of Sale provided that all Bonds would be purchased if any were purchased, the obligation to make such purchase being subject to certain terms and conditions set forth in the Official Notice of Sale, the approval of certain legal matters by Bond Counsel, and certain other conditions. The Purchaser of the Bonds has represented to the City that the Bonds have been re- offered to the public at the yields stated on the inside cover page hereof. See "ESTIMATED SOURCES AND USES OF FUNDS." ADDITIONAL INFORMATION The purpose of this Official Statement is to supply information to prospective buyers of the Bonds. Quotations and summaries and explanations of the Bonds and of statutes and documents contained in this Official Statement do not purport to be complete, and reference is made to such documents and statutes for full and complete statements of their provisions. The execution and delivery of this Official Statement have been duly authorized by the City. CITY OF SARATOGA By: City Manager 194 136036.5 035180 OS APPENDIX A CITY OF SARATOGA AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2010 [Please Use File Sent Separately] 195 136036.5 035180 OS APPENDIX B PROPOSED FORM OF OPINION OF BOND COUNSEL [Please Use File Sent Separately] 196 136036.5 035180 OS APPENDIX C DTC AND THE BOOK-ENTRY SYSTEM The information in numbered paragraphs 1-10 of this Appendix C concerning The Depository Trust Company, New York, New York ("DTC") and DTC's book-entry system, has been furnished by DTC for use in official statements and the City takes no responsibility for the completeness or accuracy thereof. The City cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest or principal with respect to the Bonds, (b) certificates representing ownership interest in or other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis, or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Appendix. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. As used in this appendix, "Securities" means the Bonds, "Issuer" means the City, and "Agent" means the Paying Agent. 1. The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the securities (the "Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Security certificate will be issued for the Securities, in the aggregate principal amount of such issue, and will be deposited with DTC. 2. DTC, the world's largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org. 3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as 197 C-2 136036.5 035180 OS well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book-entry system for the Securities is discontinued. 4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTC's records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. 6. Redemption notices shall be sent to DTC. If less than all of the Securities within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 7. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Redemption proceeds, distributions, and dividend payments on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from Issuer or Agent, on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of Issuer or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. 9. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor depository is not obtained, Security certificates are required to be printed and delivered. 10. Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered to DTC. 198 136036.5 035180 OS APPENDIX D FORM OF CONTINUING DISCLOSURE CERTIFICATE [Please Use File Sent Separately] 199 136036.5 035180 OS 200 136033.4 035180 RSIND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF SARATOGA (SANTA CLARA COUNTY, CALIFORNIA) GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011 (SARATOGA COMMUNITY LIBRARY PROJECT); APPROVING THE FORMS OF AND DISTRIBUTION OF A PAYING AGENT AGREEMENT PURSUANT TO WHICH SUCH BONDS ARE TO BE ISSUED, AN OFFICIAL STATEMENT FOR SUCH BONDS, A NOTICE INVITING PROPOSALS FOR SUCH BONDS, A NOTICE OF INTENTION TO SELL SUCH BONDS AND A CONTINUING DISCLOSURE CERTIFICATE FOR SUCH BONDS; AND AUTHORIZING THE TAKING OF ALL NECESSARY ACTIONS IN CONNECTION THEREWITH. WHEREAS, pursuant to Ordinance No. 195 (the “Ordinance”) of the City of Saratoga (the “City”), adopted November 23, 1999, the City Council of the City (the “City Council”) called a general municipal election held in the City on March 7, 2000, at which a proposition (“Proposition”) was submitted to the qualified voters of the City, summarized as follows: “To improve, renovate and expand the Saratoga Community Library in its current location by providing space for more books; ensuring modern earthquake standards; improving access to fire exits; updating electrical wiring for computers; providing adequate seating; updating inadequate lighting; and providing additional space for children’s reading areas, shall the City issue $15 million in bonds?”; WHEREAS, at least two-thirds of the votes cast on said Proposition were in favor of issuing said bonds; WHEREAS, pursuant to said favorable vote and pursuant to Chapter 4 of Division 4 of Title 4 of the Government Code of the State of California, and other applicable law, the City issued its City of Saratoga (Santa Clara County, California) General Obligation Bonds, Series 2001 (Saratoga Community Library Project) (the “2001 Bonds”) in the aggregate principal amount of $15,000,000, and used the proceeds thereof to finance the specific purposes set forth in the Ordinance and the Proposition; WHEREAS, the City Council has previously been directed to levy an ad valorem tax to secure the 2001 Bonds; WHEREAS, the City Council has determined at this time to issue and sell its City of Saratoga (Santa Clara County, California) General Obligation Refunding Bonds, Series 2011 (Saratoga Community Library Project) (the “Refunding Bonds”) in an aggregate principal 201 Page 2 of 6 136033.4 035180 RSIND amount not to exceed $13,000,000 for the purpose of refunding all of the outstanding 2001 Bonds and thereby realizing financial savings to the property tax payers of the City; WHEREAS, the City Council is authorized to provide for the issuance and sale of the Refunding Bonds under the provisions of Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53550 of said Code (the “Act”); WHEREAS, there have been prepared and filed with the City Clerk and made available to the City forms of: 1. a Paying Agent Agreement (such Paying Agent Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being hereinafter referred to as the “Paying Agent Agreement”); 2. an Official Statement in preliminary form to be used in connection with the offering and sale of the Refunding Bonds (the “Official Statement”); 3. a Notice of Intention to Sell Bonds relating to the Refunding Bonds (the “Notice to Sell Bonds”), to be published once, no later than 5 days before the date of sale of said Bonds in a financial publication generally circulated throughout the State of California; 4. a Notice Inviting Proposals relating to the Refunding Bonds (the “Notice Inviting Proposals”); and 5. a Continuing Disclosure Certificate (such Continuing Disclosure Certificate, in the form presented to this meeting, with such changes, omissions and insertions as are made pursuant to this Resolution, being hereinafter referred to as the “Continuing Disclosure Certificate”), which is proposed to be executed by the City; WHEREAS, Hawkins Delafield & Wood LLP is serving as bond counsel and disclosure counsel (“Bond Counsel”), and Public Financial Management, Inc., is serving as financial advisor (“Financial Advisor”), to the City in connection with the financing; WHEREAS, each document referred to herein relating to the Refunding Bonds has been made available to the City Council for review and the City Council desires to authorize and direct the execution of such documents and the consummation of such financing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA, STATE OF CALIFORNIA, AS FOLLOWS: Section 1. The foregoing recitals are true and correct, and the issuance by the City of City of Saratoga (Santa Clara County, California) General Obligation Refunding Bonds, Series 2011 (Saratoga Community Library Project), on the terms and conditions set forth herein and in the Paying Agent Agreement, as finally executed and delivered, is hereby approved. 202 Page 3 of 6 136033.4 035180 RSIND Section 2. The proposed form of Paying Agent Agreement on file with the City Clerk is hereby approved. The Mayor, City Manager/Treasurer, Finance and Administrative Services Director or City Clerk of the City or any designee of any of these or any other officer of the City designated by the City Council (collectively, the “Authorized City Representative”) are hereby authorized and directed to execute and deliver the Paying Agent Agreement in substantially such form with such changes, insertions and omissions as may be approved by the Authorized City Representative executing the same, said execution being conclusive evidence of such approval. The proceeds of the Refunding Bonds (after payment of the costs of issuance thereof) will be applied to provide funds to redeem and retire the 2001 Bonds. The maximum term of the Refunding Bonds shall not exceed August 1, 2031. Optional redemption of the Refunding Bonds shall be provided for at not later than eleven (11) years from the date of issuance at a premium not greater than three percent (3%); provided, however, that the Authorized City Representative is hereby authorized to cause all or any portion of the Refunding Bonds to be issued as noncallable bonds, including any capital appreciation bonds. The Refunding Bonds shall not be issued if the total net interest cost of the Refunding Bonds would be greater than the total net interest cost of the 2001 Bonds. The Refunding Bonds shall be issued in the form attached as Exhibit A to the Paying Agent Agreement and shall be signed by the manual or facsimile signature of the Mayor and City Treasurer and countersigned by the manual or facsimile signature of the City Clerk, and the manual or facsimile seal of the City shall be affixed to the Refunding Bonds. The Refunding Bonds shall be authenticated by a manual signature of a duly authorized officer of the Paying Agent. The dated date of the Paying Agent Agreement and the interest payment dates, denominations, forms, manner of execution, terms of redemption and other terms of the Refunding Bonds shall be as provided in the Paying Agent Agreement as finally executed. Section 3. The preliminary Official Statement in the form presented to the City Council and on file with the City Clerk is hereby approved, and an Authorized City Representative is hereby authorized and directed to execute and deliver a final Official Statement in substantially such form with such additions, corrections and revisions as may be determined to be necessary or desirable by such officer or the City Attorney. The Financial Advisor is hereby authorized and directed to cause to be supplied to prospective bidders for the Refunding Bonds copies of the preliminary Official Statement in such form, and to supply the winning bidder of the Refunding Bonds with copies of a final Official Statement, completed to include, among other things the interest rate or rates and final sale information. The Authorized City Representative is hereby authorized and directed to execute a certificate confirming that the preliminary Official Statement has been “deemed final” by the City for purposes of Securities and Exchange Commission Rule 15c2-12. Section 4. The proposed forms of the Notice to Sell Bonds and the Notice Inviting Proposals on file with the Finance Agency are hereby approved. The Financial Advisor is hereby authorized and directed to cause to be delivered to prospective bidders for the Refunding Bonds copies of said Notice Inviting Proposals, in substantially said form with such additions, corrections and revisions as may be determined to be necessary or desirable by the Authorized City Representative upon the advice of the Financial Advisor or Bond Counsel. The Authorized City Representative is authorized to award the Refunding Bonds in accordance with the Notice Inviting Proposals, provided that the Refunding Bonds shall not be 203 Page 4 of 6 136033.4 035180 RSIND sold for a price of less than 97% of the aggregate principal amount thereof and the true interest cost of such Bonds shall not exceed 5.00%; and provided further that such officer may, in his sole discretion, cancel the public sale of the Refunding Bonds and negotiate for the sale of the Refunding Bonds with an underwriter or underwriters, and enter into an agreement for the sale of the Refunding Bonds, upon such terms and conditions as he shall deem appropriate; provided that the true interest cost of such Bonds shall not exceed 5.00% and the underwriting discount (excluding any original issue discount) shall not exceed 1.00% of the principal amount of the Refunding Bonds. Section 5. The proposed form of Continuing Disclosure Certificate on file with the Finance Agency is hereby approved. The Authorized City Representative is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Continuing Disclosure Certificate in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 6. The officials, officers and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, including, but not limited to, execution of signature certificates, no-litigation certificates, tax and rebate certificates and certificates concerning the contents of the Official Statement distributed in connection with the sale of the Refunding Bonds. The appropriate officers of the City are hereby authorized and directed to execute and deliver any and all certificates, instructions as to investments, written requests and other certificates necessary or desirable to execute and deliver the Refunding Bonds, pay costs of issuance or to accomplish the transactions contemplated herein. Section 7. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the issuance of the Refunding Bonds, including without limitation any of the foregoing which may be necessary or desirable in connection with administering the documents or any default under or amendment of such documents or additional confirmations, settlements or revisions, or approval of additional trustees, paying agents or other entities facilitating the transaction may be taken or given by the Authorized City Representative, without further authorization by this City Council, and the Authorized City Representative is hereby authorized and directed to give such consent, approval, notice, order or request and to take any such action which such officer may deem necessary or desirable to further the purposes of this resolution and the transactions contemplated hereby. Section 8. All actions heretofore taken by the officials, officers, employees and agents of the City Council or the City with respect to the issuance of the Refunding Bonds are hereby ratified, confirmed and approved. 204 Page 5 of 6 136033.4 035180 RSIND Section 9. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this _____ day of ______, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________ Mayor ATTEST: By:_______________________________ City Clerk Date: 205 Page 6 of 6 136033.4 035180 RSIND CERTIFICATE OF CITY CLERK CITY OF SARATOGA I, ______, City Clerk of the City of Saratoga, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Saratoga duly and regularly held in Saratoga, California, on _______, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. I further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in Saratoga, California, freely accessible to the public and a brief general description of the resolution to be adopted at said meeting appeared on said agenda. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Saratoga hereto as of this date, ________. By____________________________________ City Clerk City of Saratoga [SEAL] 206 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Fall Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: The Saratogan is used as a tool to improve communications with residents and ensure the public has access to important information. The City has published a wide range of articles in past issues, ranging from public safety articles to water conservation tips to updates on City projects. Since the start of the 2010/11 budget, The Saratogan has been incorporated into the Saratoga Recreation Activity Guide to save the City money on mailing expenses. The spring/summer issue of The Saratogan was mailed to residents in March 2011 and featured articles based on the theme “Commitment to Service”, such as Saratoga Serves, building codes, the Parks and Recreation Commission, and reusable bags. The newsletter also included Ask Jana, an article welcoming Captain Carl Neusel from the Sheriff’s Office to Saratoga, information on the City’s community events calendar, a readership poll, and an Arbor Day announcement. Staff has started developing preliminary article topics for the fall issue of The Saratogan, which will be mailed to residents in late July 2011. The articles are centered on the theme, “Preservation”. Proposed primary and secondary articles are listed below. Primary Article Topics: - Leveraging City funds with grants - Ban on use of tobacco products in City recreational areas - Bird nesting boxes in City parks and open spaces - Sign ordinance update Secondary Article Topics: - Ask Jana - Tips from the Traffic Safety Commission - Playing petanque 207 Page 2 of 2 - Curbside trash and recycling basics - Benefits of a library card To ensure The Saratogan meets the expectations of the City Council, staff is seeking input for the fall issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will move forward without Council input on the theme, article topics, or other aspects of the fall issue of The Saratogan. 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 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: The Saratogan 2011 spring/summer issue 208 CIT Y o f S ARATO G A CALIFO R N I A1956 SaratoganThe Spring/Summer 2011 Commitment to Service Every March, Saratoga’s faith-based organizations come together to serve their community through the annual Saratoga Serves program. For an entire month, volunteers carryout a variety of service projects that primarily serve the Saratoga community. However, past projects have also provided help and sustenance for people outside of the United States and financial support to targeted community organizations to help them continue to function effectively. Last year, youth from a number of congregations coordinated a food drive for Second Harvest Food Bank. More than 17 tons of food was donated, making it the single largest donation in the history of the Second Harvest Food Bank. This year, the same youth group hopes to collect even more! Saratoga congregations have also organized park cleanups, provided food and clothing to the homeless, hosted blood drives, and more. Not only does this program help those in need, it strengthens the sense of community in Saratoga by uniting a diverse group of residents who share a commitment to service. To learn more about this year’s Saratoga Serves activities or to find out how you can participate, please visit www.saratogaserves.org. For more stories on commitment to service, read the article below on building codes and the article on the Parks and Recreation Commission on the next page. Building Codes Make for Safer Buildings Every three years, the State makes updates to the California Building Standards Code. These building codes are administered by local cities and counties to regulate all aspects of building construction from electrical work to plumbing, energy consumption, and accessibility. Local jurisdictions may also implement additional standards to address unique climate, geological, or topographical conditions. Ultimately, building codes make for safer buildings. Starting January 1, 2011, the 2010 update to the California Building Standards Code went into effect. As a result of the update, automatic fire sprinklers are now required in all new single family homes, apartments, and townhouses. This change will help protect people from fires and prevent fires from spreading from one home to another. The City of Saratoga requires building permits and inspections for a wide range of home improvement projects, including remodeling, roofing, and installing new water heaters. These permits and inspections are a City service that keeps residents safe by ensuring work is done to code. For more information about building codes or permits, call (408) 868-1201 or stop by the Building Counter at Saratoga City Hall from 7:30 a.m. to 12:00 p.m. Monday through Thursday.209 Parks and Recreation Commission Highlight The City has a total of six Commissions, each serving the City Council in an advisory capacity on issues that are a priority both to Saratoga residents and the City Council. Commissions perform a critical function for the Saratoga community by offering increased opportunities for citizen engagement in City decisions and specialized guidance to the City Council. The Parks and Recreation Commission acts as a conduit between the community and the City by sharing information and taking the lead on initiatives related to parks and recreation. In the past year, the priorities of the Commission have been to encourage Saratoga residents to become more active in the City’s parks and recreation system, raise awareness of and increase involvement in protecting Saratoga’s environment, and promote a healthy lifestyle in Saratoga through parks and recreation. The Commission has worked towards these goals by coordinating the MOVE IT Saratoga program, working with Saratoga High School Media Arts Program students to create promotional videos of City parks, and collaborating with the Audubon Society to place nesting boxes for native bird species in Saratoga parks. In the future, the Parks and Recreation Commission will be helping Saratoga become a Let’s Move City – a nationwide effort led by First Lady Michelle Obama to engage local governments in reducing childhood obesity. This five-member Commission meets at Saratoga City Hall on the second Tuesday of odd-numbered months from 6:30 p.m. to 8:30 p.m. More information is available online at www.saratoga.ca.us/commissions. Save a Bag, Bring your Own! You can make a big impact on the environment by opting to use reusable bags rather than single-use plastic or paper bags. It is estimated that between 500 billion and 1 trillion plastic bags are consumed worldwide each year. Of the plastic bags produced, only 1 percent get recycled. Many plastic bags end up as litter or get stuck in waterways, where they cause serious problems for marine life. Unfortunately, paper bags aren’t a good alternative. In the United States, approximately 10 billion paper grocery bags are produced annually. An estimated 14 million trees are needed to produce all of these bags. Furthermore, producing paper bags causes 70 percent more air pollution and 50 times more water pollution than plastic bags. A more environmentally friendly solution to plastic and paper bags is to bring your own reusable bag. Not only will you be helping the environment, but many stores offer discounts to shoppers who bring their own bags. Commissioners Wilson, Bruno, and Johnson with Saratoga High School Media Arts Program Students Arya Parhar, Alex Chan, and Abner Inzunza 210 Dear Randy, Per City Code, your RV can be parked in your driveway for up to 18 days per year. However, it can only be parked in your driveway for 5 consecutive days at a time. Jana Dear Jana, My husband and I are thinking of getting a trampoline and baseball practice net for our children, so that they can exercise and work on baseball skills at home. Do these items require permits? Trampoline Tammy Tammy, Trampolines, baseball practice nets, and other similar temporary sports nets are considered to be accessory structures that do not require permits or approvals from the City. Jana Dear Jana, I want to pull my RV out of storage for our spring break vacation. How many days can I leave the RV in my driveway? Randy Road Trip Ask JanaGot Code Enforcement questions? Ask Jana! Send your questions to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or by email to jrinaldi@saratoga.ca.us. Welcome Captain Carl Neusel! Starting in January 2011, Captain Carl Neusel took over as the head of the Sheriff’s Office West Valley Division. Captain Carl Neusel spent most of his youth in the West San Jose – Cupertino area. He attended St. Andrews in Saratoga and graduated from Bellarmine College Prep and earned a degree in history from San Jose State. Carl has been with the Santa Clara County Sheriff’s Office for nearly 13 years, and he has spent most of it in the West Valley Patrol Division. He was a beat deputy, traffic enforcement sergeant, a detective in the sexual assault unit, Captain in the Sheriff’s Jails Administration Division, and most recently a Captain in the Personnel and Training division. Captain Carl Neusel at the Sheriff’s Office West Valley Substation 211 To learn more about The Saratogan, make comments, or suggest story ideas, contact Crystal Morrow with the Saratoga City Manager’s Office at cmorrow@saratoga.ca.us or (408) 868-1275. You can also find The Saratogan online and sign up for email alerts at www.saratoga.ca.us/saratogan. CITY o f SARATOG A CALIFORNIA1956 Do You Read The Saratogan? If you read The Saratogan, let us know and you could win a $50 gift certificate from a Saratoga business of your choice! Just call (408) 868-1296, visit www.saratoga.ca.us/readership, or email saratogan@saratoga.ca.us to let us know you read The Saratogan and you’ll be entered into a free drawing. Winners will be announced at the April 20, 2011 meeting – you do not need to be present to win. To be considered for the drawing, your entry must include your name and current contact information. Saratoga Community Events Calendar Need to know what’s happening in Saratoga? Want to share your event with others in Saratoga? Just visit www. saratoga.ca.us/events to get the latest information about events in Saratoga, including music, theater, art, and communty events. You can also post your event details for others to see. In addition to the online community events calendar, the City also sends out bi-weekly emails about upcoming Saratoga events. Sign up for Saratoga Community Event emails by going to www.saratoga.ca.us/email_subscriptions. Celebrate Saratoga Trees! Take part in Saratoga Arbor Day on April 22, 2011 at 3:30 p.m. in Foothill Park located at 20654 Seaton Avenue in Saratoga. Enjoy refreshments, live music, help plant a tree, learn more about the trees in Saratoga, and take home a free sapling, a bag of compost, and other giveaways! In addition to celebrating trees, the City will also be observing its fourth year as a Tree City USA. Cities with this special designation have demonstrated a strong commitment to preserving the urban forest. Last year, the City of Saratoga planted 76 trees and pruned or treated more than 420 trees! For more information about Arbor Day, visit www.saratoga.ca.us/arborday or contact Crystal Morrow at cmorrow@saratoga.ca.us or (408) 868- 1275. 212 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: June 1, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Let’s Move City Ad Hoc Committee RECOMMENDED ACTION: Accept report and develop a Let’s Move City Ad Hoc Committee to prepare and recommend a plan that meets the objectives of the Let’s Move! initiative. BACKGROUND: At the February 16, 2011 meeting, the City Council adopted a resolution to join the Let’s Move Cities and Towns initiative. The Let’s Move! campaign, led by First Lady Michelle Obama, is nationwide effort to reduce childhood obesity. Cities and towns are participating in this effort through the Let’s Move Cities and Towns program, which is designed to encourage local governments to develop long-term, sustainable approaches to reducing childhood obesity. To earn the Let’s Move City designation, Saratoga must submit a twelve-month plan that describes how the City will achieve at least one significant action in each of the four Let’s Move! pillars. These include: 1. Giving parents and caregivers the tools they need to make healthy choices in early childhood; 2. Improving nutrition in schools; 3. Increasing physical activity opportunities; and 4. Making healthy food affordable and accessible. Because the intent of the Let’s Move Cities and Towns program is to combat childhood obesity through lasting, systematic changes in local government, programmatic and policy changes are needed to meet the criteria to become a Let’s Move City. Consequently, staff is recommending that the Council form a Let’s Move City Ad Hoc to guide development of a draft Let’s Move City plan that will be presented to the Council for approval. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga for developing a Let’s Move City Ad Hoc. The plan itself, however, may require funding to be implemented. Santa Clara County 213 Page 2 of 2 Public Health Department is offering limited grant funding to help cities implement certain aspects of their Let’s Move Cities and Towns plans. If the City of Saratoga’s plan meets the Public Health Department’s obesity prevention grant requirements, the City may be eligible to receive $20,140.28 in grant funds. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Saratoga’s Let’s Move City plan will not be developed under the guidance of a City Council Ad Hoc committee. ALTERNATIVE ACTION(S): Council may decide to direct staff to prepare a Let’s Move City plan and return to Council for approval. 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 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: Let’s Move Cities and Towns – Toolkit for Local Officials Attachment B: Santa Clara County Communities Putting Prevention Together (CPPW) Obesity Prevention Grant Strategies 214 MARCH 2011 LET’S MOVE CITIES AND TOWNS Toolkit for Local Officials 215 216 Table of Contents Welcome To Let’s Move Cities And Towns 1 Launching Your Community’s Let’s Move! Initiative . . . . . . . . . . . . . . . . . . . . 3 Creating Your Own Childhood Obesity Task Force . . . . . . . . . . . . . . . . . . . 3 Four Strategic Focuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Identify A Let’s Move! “Community Leader” In Your Community . . . . . . . . . . . . . 5 Include Young People In Your Planning . . . . . . . . . . . . . . . . . . . . . . . 5 Learn From Municipal Leaders Who Are Succeeding . . . . . . . . . . . . . . . . . . 6 Publicly Launch Your Let’s Move! Initiative . . . . . . . . . . . . . . . . . . . . . 6 Important Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Policy Changes And Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Pillar 1: Giving parents and caregivers the tools they need to make healthy choices in early childhood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Pillar 2: Improving Nutrition in Schools . . . . . . . . . . . . . . . . . . . . . . 13 Pillar 3: Increasing Physical Activity Opportunities . . . . . . . . . . . . . . . . . 15 Pillar 4: Making Healthy Food Affordable and Accessible . . . . . . . . . . . . . . . 18 Webinars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Private Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Federal Grant Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Empowering Parents & Caregivers in Early Childhood . . . . . . . . . . . . . . . . 27 Improving Nutrition in Schools . . . . . . . . . . . . . . . . . . . . . . . . . 29 Access to Healthy, Affordable Food . . . . . . . . . . . . . . . . . . . . . . . 30 Increasing Physical Activity . . . . . . . . . . . . . . . . . . . . . . . . . . 32 217 218 1★★ Welcome To Let’s Move Cities And Towns Congratulations! Now that you have signed up your community as part of the Let’s Move Cities and Towns network, we are ready to help you take the steps necessary to create a healthier community . Over the past three decades, childhood obesity rates in America have tripled . Today, nearly one in three children in the United States is overweight or obese, which puts them at greater risk for health problems like diabetes, heart disease, high blood pressure, cancer, and asthma . Obesity costs Americans $150 bil- lion in added health care expenses every year . As you know, this epidemic affects every community in our country and every sector of our society, but there’s good news—the solutions are within our grasp . The First Lady launched Let’s Move! with one overarching goal: to solve the problem of childhood obesity within a generation, so that kids born today reach adulthood at a healthy weight . It’s fair to say that this goal is ambitious, but when our children’s health is at stake, we need to reach high . And as a municipal leader, you already understand how important your role is in helping your community implement sustainable change . You can provide the critical leadership to bring your community together to spur action, and to choose strategies that make sense for your community . In this toolkit, you will find: •Ideas for launching your own Let’s Move! campaign in your city, town or county •Contact information for federal government officials who are available to help •Detailed suggestions for changes you can implement in your community •Information about regularly scheduled webinars your team can join to learn about new opportunities and resources •Information about resources available to you to help you meet your Let’s Move! goals These resources are provided as a first step, to help you and other key stakeholders begin to envision how to address this issue in your community . The next step is for you to publicly commit to making at least one change in each of the four pillars of the Let’s Move! Initiative that call for action at the local level: 1. Giving parents and caregivers the tools they need to make healthy choices in early childhood; 2. Improving nutrition in schools; 3. Increasing physical activity opportunities; 4. Making healthy food affordable and accessible . Suggested policy changes are provided here in this toolkit, beginning on page 11. You can make this commitment on your city’s website, in a speech or an interview, or in a press release . We are asking you to let us know what commitments you make in a simple web form . Once you have made this commitment, you will receive a certificate officially welcoming you to the network of Let’s Move Cities and Towns, and the federal government will work with you to support your efforts . When 219 LeT’s Move CiTies and ToWns 2★★ you’re ready to make your commitments and officially join Let’s Move!, log onto http://www .hhs .gov/ intergovernmental/letsmove/cities_towns .html and click the designated link to sign up your community . It should only take you about seven minutes to complete . Our goal is to be a resource to you as you embark on the challenge to make your community healthier . You have likely already been in contact with an administration official (such as a Regional Director at the Department of Health and Human Services) and we encourage you to continue these conversations and exchanges . In addition, please do not hesitate to reach out to the Let’s Move office at the White House by e-mail at letsmove@who .eop .gov with any questions, success stories, or challenges you have . We’re here to help . Sincerely, Robin Schepper Executive Director, Let’s Move! Initiative Office of the First Lady 220 3★★ Launching Your Community’s Let’s Move! initiative So, you have decided to sign up your city, town or county as a Let’s Move! community . Now what? This section will outline some suggested steps you can take to begin the process of helping your community become healthier! Creating Your Own Childhood Obesity Task Force In 2010, President Barack Obama established the first-ever Task Force on Childhood Obesity at the federal level . The Task Force was charged with developing and implementing an inter-agency plan that details a coordinated strategy, identifies key benchmarks, and outlines an action plan to end the problem of childhood obesity within a generation . The goal of the action plan is to reduce the childhood obesity rate to just five percent by 2030—the same rate before childhood obesity first began to rise in the late 1970s . The report presents a series of 70 specific recommendations, many of which can be implemented right away . You can obtain a copy of the full report, relevant pieces, or a summary of the recommendations at www .letsmove .gov/obesitytaskforce .php . Consider forming a childhood obesity task force in your own community . Feel free to use the federal task force as a model for your community’s efforts . Consider convening the relevant city agencies such as (but not limited to): •School Department •Department of Health •Department of Public Safety •Department of Parks and Recreation •Department of Transportation •Department of Housing •Zoning Department Also consider convening community stakeholders that can play a central role in tackling childhood obesity in your community . While mayors and elected officials have developed many of the ideas recom- mended in this toolkit, some of these ideas have come from community members . If you engage resi- dents and solicit ideas to make your process inclusive and collaborative, you increase your likelihood of success . Some mayors have found groups such as their local chapter of the American Heart Association, Boys and Girls Clubs, Boy Scouts and Girl Scouts, YMCA/YWCA to be helpful, to name just a few . In addi- tion to organizations, reach out to individuals who are working in this space, such as pediatricians, chefs, PTA leaders, teachers, intramural coaches, after school program leaders, personal trainers, dieticians, social workers, green space advocates, and anyone else in your community who you feel can help you identify challenges and potential solutions that your city, town or county can take . 221 LeT’s Move CiTies and ToWns 4★★ Four Strategic Focuses If you decide to organize your own childhood obesity task force, you may choose to focus your policy recommendations around the same pillars as the national Let’s Move! initiative: early childhood, empow- ering parents and caregivers, improving nutrition in schools, increasing access to fresh and affordable food, and increasing opportunities for physical activity . (www .letsmove .gov/obesitytaskforce .php) While the policy changes are what will make you a member of the Let’s Move Cities and Towns network, your initiative does not have to end there . The national Let’s Move! initiative is organized around four strategic focuses . Consider including some or all of them in your local initiative . Policy Systemic policy changes are at the heart of Let’s Move! While one-time events might attract publicity for the cause, only with structural changes to our communities will we expect to see an actual decrease in the rate of childhood obesity . This toolkit provides you with many ideas for systemic policy changes that will have an impact in your city, town or county . Communications Consider including a communications strategy in your local Let’s Move! initiative . The White House Let’s Move! team can provide you with some general fact sheets about the epidemic of childhood obesity that you can use to craft messages that will help your community make choices that will give young people a better chance at a healthier life . E-mail letsmove@who .eop .gov to request these fact sheets, or just download them at www .letsmove .gov/stakeholders .php . You may want to enlist local celebrities (sports stars, community leaders, entertainers) in a public awareness campaign . Your communications initiative might include information about how to make healthy choices, details about the changes your community is making to combat childhood obesity, and ways parents and caregivers can access tools and resources . Public—Private Partnerships Many business leaders are eager to do their part to help their community take on childhood obesity . Restaurant owners might be willing to create more healthy menu options . Health club owners might be willing to consider joint-use agreements that allow young people easier access to their facilities . Community businesses might be willing to fund community based projects like community gardens and playgrounds . Consider reaching out to business leaders in your community and enlist them in your Let’s Move! initiative . Community Engagement While the policy changes you enact will make an impact on childhood obesity rates in your community, you might see your efforts multiply if your community gets behind your initiative and commits to get- ting involved . For example, you might establish a walking school bus program (see details in the policy ideas section of this toolkit), but if you only recruit a few adult volunteers, you won’t have the breadth 222 LaunChing Your CoMMuniTY’s LeT’s Move! iniTiaTive 5★★ of impact that is possible if you recruit a large team . You might make it easier for community members to participate in community gardens, but without large-scale buy-in, your effort won’t have the same impact . Two non-profit organizations have launched efforts in support of Let’s Move! You might find them helpful in engaging your community: ServiceNation is a national organization committed to increasing volunteer service opportunities across America . They are a leader in creating community-based solutions to many of the problems facing municipalities . ServiceNation has launched several grassroots blueprints that support Let’s Move! that give community members ways to organize each other to make real change in their community . You can find these blueprints at www .servicenation .org PreventObesity .net is a social networking website launched by the Robert Wood Johnson Foundation . On this site, individuals can create profiles and connect with others in a community who are interested in getting involved in projects targeting childhood obesity . Consider encouraging community members to log on and connect with each other to join with you, or create new projects that reinforce the goals of your local Let’s Move! initiative . Identify A Let’s Move! “Community Leader” In Your Community Many municipal leaders find it helpful to identify a city official or community stakeholder to be the main point of contact as your organize your Let’s Move! initiative . This individual might be a member of your staff, or an official in your municipal health department or school department, or they might be an engaged and trusted member of your community . It is helpful for you to identify someone you trust who can arrange meetings, facilitate discussions, organize your community, and help you decide which systemic policy changes will make the most sense in your city, town or county . If you have appointed a Let’s Move! community leader in your community and want this individual to receive the same updates and information from the federal government that we will send to you, include their name and contact information in the space provided on the web form where you report to us the commitments you are making in your community . We will make sure they receive information about webinars, networking opportunities, and other resources throughout the year . Include Young People In Your Planning As you determine what steps your community will take to combat childhood obesity, it is important to hear from the constituents you are actually trying to help: young people themselves . Find out from young people themselves what after-school programs they would use, what changes they might embrace at their school, and what changes would lead them to take better advantage of physical activity opportunities in your community . Some mayors across the country already have youth advisory councils, student cabinets, or other meth- ods of soliciting input from young residents . If your community has an existing mechanism, consider asking one or two members of that panel to co-chair a subcommittee that provides recommendations 223 LeT’s Move CiTies and ToWns 6★★ for addressing childhood obesity in your community . If you don’t have an existing panel, consider reach- ing out to schools, after school programs, faith-based and neighborhood associations, student sports leagues, and other relevant associations of young people to find engaged youth who would advise you as you build your initiative . Youth Service America (www .ysa .org) has developed more ideas about forming youth advisory panels and some have found them a helpful group to consult . Learn From Municipal Leaders Who Are Succeeding When you sign your city, town or county up with Let’s Move!, you are immediately connected to staff in your regional office of the US Department of Health and Human Services (HHS) . Your HHS Regional Director is a key contact person for you as you develop your Let’s Move! initiative . One of the first steps the Regional Director can do is connect you with another mayor or municipal leader in your region who has successfully launched an initiative like yours . Mayors across the country are ready and willing to share their experiences and their lessons learned . Let us connect you with leaders who have already made progress . Publicly Launch Your Let’s Move! Initiative Many municipal leaders are launching their efforts with a kick-off event . Below are just a few ideas of what you can do to launch your initiative . These suggestions refer to some of the policy changes you will learn about in the Policy Changes and Programs section of this toolkit, beginning on page 11 . Feel free to combine parts of different ideas, or come up with something completely different . Contact your HHS Regional Director for help setting up your event, reaching out to stakeholders, and amplifying it through your local media . •Host an event at a school You can hold a school assembly, or a press conference at the school, where (for example) you announce that the school, or several schools in your district, is starting the process of joining the US Healthier School Challenge . (Find out more information about the Challenge on page 14 .) Have a well-known speaker join you to talk about the importance of staying healthy and preventing childhood obesity . If you are holding an assembly, you can lead some games and other physical activities with students . •Host an event at a recreation center, park, or private health facility If one of the policy changes you are pursuing is the creation of joint-use agreements so that children can use open spaces or recreation centers (or even health clubs) for physical activity, hold an event at the location where children utilize the space . You can announce the agreement (or the start of a program where you will have these kinds of agreements), and you can sign up volunteers to help with whatever programs will be utilizing the space . •Host an event at a child care center Many communities are working with child care centers to set new standards for limiting screen time, improving nutrition and increasing physical activity . You can launch your Let’s Move! initia- 224 LaunChing Your CoMMuniTY’s LeT’s Move! iniTiaTive 7★★ tive at a child care center that is adopting new standards . Hold a press conference highlighting the effort of the centers in your community, and announce the other steps you are taking as part of your initiative . •Host an event at a playground If playgrounds are part of your Let’s Move! initiative (more organized activity at playgrounds, more playgrounds being built, new transportation to existing playgrounds, etc), hold an event at an existing playground or at a groundbreaking of a new playground . Have a speaker talk about the importance of sixty minutes of active play each day, host some organized activities with children, and announce the changes you are making as part of your Let’s Move! effort in your community . •Host an event with a chef The Chefs Move to School program matches chefs with local schools . You can launch your Let’s Move! initiative at an event where a chef (or chefs) is paired with a local school (or schools) . Have the chef talk about nutrition and demonstrate preparing healthy snacks or a healthy meal, have a speaker talk about the importance of physical fitness, and present opportunities for community members to join your effort . 225 226 9★★ important Contact information The US Department of Health and Human Services (HHS) Regional Directors can be your first point of contact with any question regarding your Let’s Move! initiative . They are ready to help you create your plan, connect you with other municipal leaders who are engaged in this issue, help you amplify your messages, and connect you to federal and private resources that can augment your efforts . Region I—Boston, MA CT / ME / MA / NH / RI / VT Region I Director: Chris Hager christie .hager@hhs .gov Office: 617 .565 .1501 Region II—New York, NY NJ/NY/PR/VI Region II Director: Jaime Torres jaime .torres@hhs .gov Office: 212 .264 .3618 Region III—Philadelphia, PA DE / DC / MD / PA / VA / WV Region III Director: Joanne Grossi joanne .grossi@hhs .gov Office: 215 .861 .4648 Region IV—Atlanta, GA AL / FL / GA / KY / MS / NC / SC / TN Region IV Director: Anton Gunn Anton .Gunn@hhs .gov Office: 404 .562 .7888 Region V—Chicago, IL IL / IN / MI / MN / OH / WI Region V Acting Director: Jim Galloway James .Galloway@hhs .gov Office: 312 .353 .5160 Region VI—Dallas, TX AR / LA / NM / OK / TX Region VI Director: Marge Petty Marjorie .Petty@hhs .gov Office: 214 .767 .5467 Region VII—Kansas City, MO IA / KS / MO / NE Region VII Director: Judy Baker Judy .Baker@hhs .gov Office: 816 .426 .6782 Region VIII—Denver, CO CO / MT / ND / SD / UT / WY Region VIII Director: Marguerite Salazar marguerite .salazar@hhs .gov Office: 303 .844 .7299 Region IX—San Francisco, CA AZ / CA / HI / NV / Guam / Pacific Islands / American Samoa Region IX Director: Herb Schultz herb .schultz@hhs .gov Office: 415 .437 .8502 Region X—Seattle, WA AK / ID / OR / WA Region X Director: Susan Johnson Susan .Johnson@hhs .gov Office: 206 .615 .2012 227 228 11★★ Policy Changes and Programs Let’s Move Cities and Towns are communities that are making at least one lasting, systemic change in each of the four Let’s Move! pillars that call for local action . Some suggested policy changes and permanent programs that meet the Let’s Move! standard are included here . By no means are these the only policy changes or programs you can launch as a Let’s Move city or town . Many of the best ideas have come from innovative mayors and municipal leaders, and as the leader of your community, you are the best person to determine what changes will work best in your community . As you develop your ideas, consult your legal counsel as appropriate and ensure programs are consistent with relevant laws and regulations or make changes pursuant to local procedures as necessary . If you have any questions about implementing any of these ideas, or about any ideas of your own, please don’t hesitate to contact your HHS Regional Director . Pillar 1: Giving parents and caregivers the tools they need to make healthy choices in early childhood Parents and caregivers play a key role in making healthy choices and shaping lifelong healthy habits . Young people learn about healthy eating from the family and from what is served at home and in their community . Parents and community members can model healthy decisions about physical activity and nutrition . But in today’s busy world, figuring out the healthiest choices isn’t always easy . Parents and caregivers need a community of support . Here are some ways cities and towns can enact changes that give parents the tools they need to make healthy choices: 5 Work with local childcare providers and after-school programs to implement evidence-based standards for nutrition, physical activity and screen time within childcare settings Ask your local child care programs to complete a self-assessment and aggregate the data to identify areas for improvement . Self-assessment tools are available for your use (see below) . Work with local childcare providers to adopt standards including: •60 minutes physical activity/day, outside play is preferable; •No screen time for children less than 2 years of age and limit screen time for older children to 1-2 hours per day of educational programming or programming that fosters physical activity; •No sugar sweetened beverages; •Low fat or no fat milk for children older than 2 years •Provide water throughout the day and at all meals •Offer a fruit or vegetable at meal or snack time 229 LeT’s Move CiTies and ToWns 12★★ Organize workshops and trainings for child care providers to learn, share best practices and support one another in making changes . And, include parents and other caregivers in educational outreach and programming . Resources and tools to help you get started: •Caring for Our Children National Health and Safety Performance Standards: http://nrckids . org/CFOC/index .html •Nutrition and Physical Activity Self-Assessment for Childcare Programs: http://www .center- trt .org/index .cfm?fa=opinterventions .intervention&intervention=napsacc&page=materials •Robert Wood Johnson Foundation, Promoting Good Nutrition and Physical Activity in Child Care Settings: http://www .healthyeatingresearch .org/images/stories/her_research_briefs/ her%20child%20care%20setting%20research%20brief .pdf 5 Improve food choices for children in public venues in your city There are many ways your community can improve food choices for children . Start by identifying the public service venues in your city where children are consuming food and beverages . Develop a healthy vending policy requiring that food and beverages sold in vending machines in public venues in your city meet nutrition standards . Increase availability of water in schools, parks, and all other venues serv- ing children . Utilize pricing strategies to incentivize the purchase and consumption of healthier foods and beverages . Work with local retailers to improve product placement of healthier food and beverage choices . Any of these ideas will create needed change, as well as meet the criteria of a systemic Let’s Move policy change . Resources and Tools to Help You Get Started: •CDC, Recommended Community Strategies and Measurements to Prevent Obesity in the United States: http://cdc .gov/mmwr/preview/mmwrhtml/rr5807a1 .htm . •National Policy & Legal Analysis Network to Prevent Childhood Obesity Model Healthy Vending Program: http://www .nplanonline .org/nplan/products/ district-policy-establishing-healthy-vending-program . •US Conference of Mayors, Mayor’s Guide to Fighting Childhood Obesity: http://www .usmay- ors .org/chhs/healthycities/documents/guide-200908 .pdf . 5 Improve restaurant meals for children in your city Meet with local restaurant owners to discuss portion size and request reductions or alternate smaller sized options . Ask restaurants to make changes such as using whole grain breads and pastas, eliminat- ing trans-fats, limiting saturated fat, only serving 1% or no fat milk and limiting free refills on sugary beverages . For “combo” meals, ask restaurants to make the healthy option—such as a low fat or no fat milk or a side order of fruit—the default choice whenever possible . Establish voluntary agreements with restaurants who agree to serve healthier children’s meals . 230 PoLiCY Changes and PrograMs 13★★ Develop a healthy food campaign to help restaurants promote their children’s healthier options at a reasonable portion size . For example, offer a healthy eating designation for restaurants to use to support parents in making healthy choices . Acknowledge and promote participating restaurants through your community events, web sites, etc . Resources and Tools to Help You Get Started: •Working with Restaurants: Tips, Examples, Resources and Research: http://www .astphnd .org/ resource_files/59/59_resource_file1 .pdf •Howard County’s Model for Implementing a Healthy Restaurant Program: http://www .how- ardcountymd .gov/Health/docs/HealthyResToolkit .pdf •Advancing Policies to Support Healthy Eating and Active Living from Robert Wood Johnson: http://www .rwjf .org/files/research/20090508lhcactionstrategiestoolkit .pdf 5 Encourage hospitals in your community to become Baby-Friendly Hospitals The Baby-Friendly Hospital Initiative is a program sponsored by the World Health Organization and the United Nations Children’s Fund . It encourages and recognizes hospitals that offer excellent levels of care for infant feeding . The Initiative assists hospitals in giving mothers the information, confidence and skills needed to initiate and continue breastfeeding . You can learn more at www .babyfriendlyusa .org . 5 Form a community coalition tasked with identifying local barriers to healthy living 5 Promote local community organizations that provide access to healthy activities 5 Launch a city website with information for parents on healthy living Pillar 2: Improving Nutrition in Schools Many children consume at least half of their daily calories at school . As families work to ensure that their children and teenagers eat right and have active play at home, we also need to ensure that young people have access to healthy food and opportunities to be physically active in their schools . With more than 95% of young people enrolled in schools, the school setting can offer multiple opportunities for students to engage in physical activity such as physical education classes, recess periods for unstructured play in elementary schools, after-school programs, intramural sports programs, and physical activity clubs . These opportunities are particularly important because they are accessible to all students, including those who are not athletically gifted and those with special health care needs . With more than 31 million children participating in the National School Lunch Program and more than 11 million participating in the National School Breakfast Program, good nutrition at school is more important than ever . It is our nation’s largest program for providing regular meals . Cities and towns can help students adopt healthy lifestyles by providing information and practical strategies . Here are some action step suggestions: 231 LeT’s Move CiTies and ToWns 14★★ 5 Encourage local schools to participate in the Healthier US School Challenge Call on your local schools to take the Healthier US School Challenge . The Challenge is a certification pro- gram that recognizes schools that take specific steps to improve their school environment by providing physical education classes, serving healthy foods, and teaching nutrition . For more information on the Challenge, visit http://fns .usda .gov/tn/healthierus/index .html or call 866-348-6479 . 5 Support the development of a summer food service program One option is to create a BackPack Program . Partner with your local food banks to support a local BackPack Program to provide children with healthy food options when they are not at school . The BackPack Program gives hungry children food to take home on the weekends or during school vaca- tions . For information on the BackPack Program, visit http://feedingamerica .org/our-network/network- programs/backpack-program .aspx 5 Maximize participation in the national school lunch and breakfast programs Streamline or provide online application processes for school lunch and breakfast programs . Consider direct certification or greater use of broad-based categorical eligibility . Under direct certification, school districts could use information from other state assistance programs offices to certify children to receive free meals . Improve the marketing and quality of school meals . School lunches that look and taste good will increase customers—as well as more money for your program . Consider pricing; make the school lunch cost less than à la carte snacks . Make sure your local schools have a breakfast program to meet the nutritional needs of students, but also to help your schools receive maximum reimbursement . Resources and Tools to Help You Get Started from the Community Food Security Coalition: •Improving the School Nutrition Environment: http://teamnutrition .usda .gov/Resources/ changing .html •Discover School Breakfast Toolkit: http://www .fns .usda .gov/cnd/Breakfast/toolkit/Default . htm •USDA fact sheet for Afterchool snack programs: http://www .fns .usda .gov/cnd/afterschool/ 5 Engage local chefs in the Chefs Move to Schools program Good nutrition at school is more important than ever . Chefs Move to Schools, run through the U .S . Department of Agriculture (USDA), matches chefs with school districts to help schools improve health and nutrition . As a municipal leader, you can encourage chefs in your community to help your effort to curb childhood obesity by launching a Chefs Move to Schools program in your community . In the program, chefs adopt a school and work closely with teachers, parents, school nutritionists and administrators . They teach new techniques and recipes for healthier meals that meet the schools’ dietary guidelines and budgets . 232 PoLiCY Changes and PrograMs 15★★ And, they engage young people about nutrition and making balanced and healthy choices . By creat- ing healthy meals that are also delicious, chefs have a unique ability to make good nutrition fun and appealing . So far, 1800 chefs and 1400 schools are participating . To get involved or learn more, visit http://www .letsmove .gov/chefs-step-1 .php . 5 Support upgrades or exchanges of school cafeteria equipment. For example, swap out a deep fryer for a salad bar Apply for your schools to receive new salad bars at http://saladbars2schools .org . 5 Encourage all schools to provide a school breakfast program 5 Promote the expansion or improvement of nutrition education in schools 5 Work to ensure that school cafeterias and vending machines are designed to encourage children to choose healthier snacks and meals, including a free or reduced price lunch or breakfast 5 Promote school gardens 5 Promote farm-to-school programs and the incorporation of fresh food into school meals Pillar 3: Increasing Physical Activity Opportunities Being physically active is just as important to health as eating right . Children need 60 minutes of active play every day to grow up to a healthy weight . If this sounds like a lot, consider that 8- to 18-year-olds devote an average of seven-and-a-half hours to using entertainment media including TV, computers, video games, cell phones, and movies in a typical day . Only one-third of high school students get the recommended levels of physical activity . To increase physical activity, children need physical education, safe routes to walk and ride their bikes to school, parks, and access to playgrounds and community centers . Children need access to sports leagues and dance or fitness programs that are exciting and challenging to keep them engaged . Let’s Move! to increase opportunities for kids to be physically active, both in school and in communities and to create new opportunities for families to be physically active together . In addition to being fun, regular physical activity strengthens bones and muscles, increases self-esteem, and provides many other health benefits . Physical activity, along with eating healthy foods, can help children live healthier lives and perform better in school . Cities and towns can help our nation’s children and youth get the physical activity they need in many ways . Here are some ideas: 233 LeT’s Move CiTies and ToWns 16★★ 5 Implement Let’s Move Outside! programs in your community Regular exercise in nature is proven to improve children’s physical and mental health . Outdoor activity helps kids maintain a healthy weight, boosts their immunity and bone health and lowers stress . Let’s Move Outside, administered by the Department of Interior, was created to get kids and families to take advantage of America’s great outdoors—which can be found in every city, town and community . And together, these agencies oversee more than one-fifth of the nation’s land—including millions of acres of national forests, parks and trails . Young people need at least 60 minutes of active and vigorous play each day to stay healthy, and one of the easiest and most enjoyable ways to meet this goal is by playing outside . By linking parents to nearby parks, trails and waters—and providing tips and ideas—Let’s Move Outside can help families develop a more active lifestyle . Find out everything you need to know about the resources available to you through Let’s Move Outside at http://www .letsmove .gov/letsmoveoutside .php . 5 Participate, and encourage other groups and organizations to participate, in the President’s Active Lifestyle Award Program (PALA). The President’s Active Lifestyle Award program is part of the President’s Physical Fitness Challenge . It is a challenge for both children and adults to build healthy habits by committing to regular physical activity five days a week, for six weeks . Everyone can participate and you don’t need to be an Olympic athlete . You can walk, bike, run or garden . As long as children are active 60 minutes a day and adults 30 minutes a day, they are eligible to receive the award . Find out more information about the President’s Active Lifestyle Award program (and sign up yourself!) at http://www .presidentschallenge .org/celebrate/active-lifestyle .shtml . 5 Break down barriers to children’s physical activity through innovative joint-use agreements Assess community needs to identify unmet recreation needs and locations in the community where recreation needs can be met . Create a dialogue among parties to agree upon issues including which facilities to include in the agreement; whether to allow third parties to operate programs on the facilities; whether to open city properties to school use; and whether to consolidate scheduling of properties . Covering the facilities’ extended hours of operation will likely require some employees to work additional time . Resolve any employment-related issues and determine whether volunteers could be used to help . Consult with risk management professionals and legal counsel to determine insurance requirements, allocate risk, and ensure agreement is consistent with state and local laws and regulations . Determine the duration of the agreement, and the bases for cancelling or terminating the agreement before the term ends . Resources and Tools to Help You Get Started: •Although you will want to work with your own legal counsel on the appropriate frame- work for your community, the National Policy and Legal Analysis Network to Prevent 234 PoLiCY Changes and PrograMs 17★★ Childhood Obesity has developed some model resources for developing a joint use agreement that some have found helpful: http://www .nplanonline .org/nplan/products/ checklist-developing-joint-use-agreements •Model Joint Use Agreements: http://www .nplanonline .org/childhood-obesity/products/ nplan-joint-use-agreements 5 Promote Safe Routes to Schools Convene a local working group of community partners interested in developing a Safe Routes to Schools program (find more details in the Action Ideas Appendix), knowledgeable about the key issues in your city, and willing to assist and secure appropriate partnerships . Gather the information and identify issues unique to your community: survey parents and students about transport patterns and concerns and complete traffic counts . Map the routes for walking and biking to schools . Identify and address safety issues in the routes . Promote safety awareness and develop a plan for safety enforcement; develop and implement an Escort Program . Plan and host “Walk and Bike to School” days to encourage students and their parents to walk to school . Recruit volunteers, parents or seniors in the community to escort students to schools to create a “walking school bus” or “rolling bike train” . Resources and Tools to Help You Get Started: •National Center for Safe Routes to Schools Toolkit: http://www .nhtsa .gov/people/injury/ped- bimot/bike/Safe-Routes-2002/index .html . •Getting Started: Steps to Safe Routes to Schools: http://www .saferoutesinfo .org/ getting_started/ . •CDC Kids-Walk-to-School Resources: http://www .cdc .gov/nccdphp/dnpa/kidswalk/ . 5 Establish a local fitness challenge that sets goals for physical activity 5 Encourage daily, high-quality physical education for students in kindergarten through grade 12 (150 minutes per week for elementary students and 225 minutes per week for secondary students) 5 Build physical activity into classroom lessons 5 Increase options for affordable transportation to parks and open spaces by discounting public transit, altering or expanding school bus routes, and incentivizing ride sharing 5 Incorporate physical activity into the planning and design of every physical improvement to the city—from municipal buildings and new parks to streets and sidewalks 235 LeT’s Move CiTies and ToWns 18★★ 5 Incorporate pedestrian and bicycle lanes into street development 5 Enhance public safety near parks and other public spaces 5 Develop a “park deserts map” that indicates the distance from population centers to parks and green spaces 5 Offer physically active intramural sports for students of all skill levels and make sure that it is free and accessible for all children Pillar 4: Making Healthy Food Affordable and Accessible More than 23 million Americans, including 6 .5 million children, live in low-income urban and rural neighborhoods that are more than one mile from the closest supermarket . These communities, where access to affordable, quality, and nutritious foods is limited, are known as “food deserts .” In these com- munities, people either don’t have regular access to grocery stores that sell healthy foods such as fresh fruit and vegetables, or if they do, these items are too expensive . Lack of access to proper nutrition is one reason many people, including children, do not get recom- mended levels of fruits, vegetables, and whole grains . Food insecurity and hunger among our children is even more widespread . Let’s Move! to ensure that all families have access to healthy, affordable food in their communities . In our effort to fight obesity in children and adolescents, it is important that we focus on increasing access to healthy and affordable foods . Here are some ways that cities and towns can play an important role in providing access to affordable and healthy food options through activities such as the following: 5 Establish a Food Policy Council Food policy councils are organizations made up of many agencies and community organizations that look at the availability of affordable healthier food choices at the community level . Prepare a city or county resolution establishing a Food Policy Council . Develop a mission and charter for the food policy Council and identify appropriate membership, and charge the Council with complet- ing an assessment of your city’s food system . Using the findings from the assessment, ask the Council to develop a Food Policy Action Plan to explore opportunities to increase access to and promotion of healthy food options . The Council’s Action plan should explore: •Locations and infrastructure for farmers markets, community gardens, etc .; •Public-private partnerships to support farmers markets, community gardens, etc .; •Farm-to-institution and/or farm-to-school programs; and •Marketing strategies to promote consumption of healthier foods including fruits and vegetables . Create opportunities for residents to provide public input and comments into the work of the Council . 236 PoLiCY Changes and PrograMs 19★★ Resources and Tools to Help You Get Started from the Community Food Security Coalition: •What’s Cooking in Your Food System? An Assessment Guide : http://foodsecurity .org/pub/ whats_cooking .pdf •Food Policy Councils, Lessons Learned: http://foodsecurity .org/pub/Food_Policy_Councils_ Report .pdf •Healthy Food, Healthy Communities: http://www .foodsecurity .org/CFPdecadereport .pdf •Healthy Farms, Healthy Kids; Barriers and Opportunities to Farm-to-School Programs: http:// foodsecurity .org/pub/HealthyFarmsHealthyKids .pdf 5 Increase enrollment in the Supplemental Nutrition Assistance Program (SNAP) SNAP helps low-income people and families buy the food they need for good health .You can apply for benefits by completing a State application form at http://www .fns .usda .gov/snap/applicant_ recipients/10steps .htm or get more information by calling the SNAP Hotline at 1-800-221-5689 .Benefits are provided on an electronic benefits card (known as an EBT card) that is used like an ATM card and accepted at most grocery stores . Consider displaying SNAP posters, flyers, magnets, and other materials throughout your community . You can order these free materials from the U .S . Department of Agriculture (USDA) at http://snap .ntis .gov/ . 5 Support the sale of local foods across the community by offering incentives and encouraging the establishment of farmers’ markets Encourage local food retailers and farmers markets to accept SNAP benefits (food stamps) and WIC Program benefits . Encourage local foundations to sponsor Electronic Benefit Transfer matching programs at farmers’ markets . 5 Promote policies that support and protect community gardens Municipal leaders can work with local neighborhoods to convert blighted areas into green spaces that can be used for community gardens . 5 Adopt food policies that require food and beverages purchased with government funds to meet certain nutrition standards 5 Require access to free and safe drinking water in public places 5 Ensure that residents can access healthy and affordable food through public transportation—by realigning bus routes, providing free shuttles or other means 237 238 21★★ Webinars To help you implement policy changes and launch new programs as a Let’s Move City or Town, the Let’s Move team is hosting monthly webinars where members of your team can log on, learn about specific Let’s Move programs, ask questions, and be provided with new resources . The webinars occur monthly, on the first Friday of every month . They are hosted by the US Department of Health and Human Services, and are live broadcasts filmed at HHS studios in Washington, DC . They are available for download, so members of your team can watch at their convenience if unable to log on live . Webinars cover topics such as: •The Healthier US School Challenge •Creating Joint-Use Agreements in your community •Service Initiatives that you can launch •Chefs Move to Schools •Baby Friendly Hospitals •Let’s Move Outside The contact person you have designated to receive Let’s Move information will receive monthly invita- tions to these webinars . To learn more, or to request that a specific topic be covered, e-mail letsmove@ hhs .gov . 239 240 23★★ Private resources Opportunities for funding for healthy communities initiatives broadly, and obesity prevention more specifically, are becoming more available as both the public and private sectors realize the epidemic’s significant impact on productivity and quality of life . The following organizations have offered potential funding opportunities for communities interested in improving health and well-being of all residents through policy and environmental change strategies . This is by no means an exhaustive list of resources, but a starting point for your outreach . •The California Endowment—Building Healthy Communities in the State of California will select a limited number of communities for deep and comprehensive investments in preven- tion-oriented partnerships connecting leaders and residents of these communities as they strive to achieve healthier neighborhoods and school environments through community development . http://www .calendow .org/grant_guide/ •Convergence Partnership—The Convergence Partnership engages in limited targeted grant making, however the six philanthropies that comprise the partnership individually fund a variety of healthy eating, active living initiatives . http://www .convergencepartnership .org/ site/c .fhLOK6PELmF/b .6136243/k .2435/Who_We_Are .htm •Michael and Susan Dell Foundation—The foundation’s giving reflects a commitment to transforming the lives of children living in urban poverty through better health and educa- tion . http://www .msdf .org/Grants/default .aspx •The Foundation Center’s Requests for Proposals (RFP) Bulletin—The Foundation Center is a national nonprofit service organization recognized as a leading authority on organized philanthropy, connecting nonprofits and grant makers, supporting them with tools they can use and information they can trust . Its audiences include grant seekers, grant makers, researchers, policymakers, the media, and the general public . This listing of RFPs, which is published every Friday, provides a brief overview of current funding opportunities offered by foundations or other grant making organizations . http://foundationcenter .org/pnd/rfp/ •Robert Wood Johnson Foundation—The Robert Wood Johnson Foundation provides grants for projects in the United States and U .S . territories that advance their mission to improve the health and health care of all Americans . Childhood obesity is one of seven program areas of focus . http://www .rwjf .org/grants/ •Kaiser Permanente—Kaiser Permanente is dedicated to proactively helping people get and stay healthy . They take long-term, comprehensive programs into schools, worksites, and neighborhoods, while at the same time working to change policy and community conditions that affect people’s heath . Healthy Eating Active Living (HEAL) is a multifaceted approach to addressing obesity and related health conditions . Bringing fresh, locally grown food into low-income neighborhoods and improving public parks so that residents will have safe and healthy recreational spaces to play in are just two examples of HEAL at work . http://info . kp .org/communitybenefit/html/index .html 241 LeT’s Move CiTies and ToWns 24★★ •W.K. Kellogg Foundation—The Kellogg Foundation helps children access nutrition, stimula- tion, healthy living conditions and quality health care by funding organizations that improve birth outcomes and first food experiences, creating access to healthy foods, improving health services, and educating families and communities about the inter-related factors that deter- mine well-being . http://www .wkkf .org/what-we-support/what-we-support .aspx •Kresge Foundation—Kresge seeks to promote the physical health and well-being of low- income and vulnerable populations by improving the environmental and social conditions affecting them and their communities . They also work to increase both access and quality of health-care services . http://www .kresge .org/index .php/what/health_program/ •Nemours Health and Prevention Services—Nemours is taking a leading role to help people understand the causes and health implications of obesity and to promote healthier lifestyles among children and families . http://www .nemours .org/service/preventive/nhps . html •Shaping America’s Youth (SAY)—Shaping America’s Youth is a nonprofit organization steering a nationwide initiative to identify and centralize information on the widespread efforts underway throughout all sectors of American society to reverse the rapidly increasing prevalence of overweight and inactivity among children and adolescents . SAY’s mission is to assure that the voices of families and communities are integrated into local and national policy to improve the nutrition, physical activity, and health of children and youth . http:// www .shapingamericasyouth .com/Page .aspx?nid=23 In addition to grant making institutions, there are many organizations committed to ending childhood obesity that can provide technical assistance to your community as you launch your Let’s Move! initiative . While we encourage you to reach out to your HHS Regional Director, we also encourage you to utilize these organizations to help you reach your goals . Your HHS Regional Director can also connect you to appropriate contacts . American Academy of Pediatrics www .aap .org American Association of School Administrators www .aasa .org Council of Great City Schools www .cgcs .org National Association of Counties www .naco .org National Association of County and City Health Officials www .naccho .org National Association of State Boards of Education www .nasbe .org National League of Cities 242 PrivaTe resourCes 25★★ www .nlc .org National Parent Teacher Association www .pta .org National Policy and Legal Analysis Network www .nplanonline .org National School Boards Association www .nsba .org Policy Link www .policylink .org Prevention Institute www .preventioninstitute .org Robert Wood Johnson Foundation (RWJF) Center to Prevent Childhood Obesity www .reversechildhoodobesity .org School Nutrition Association www .schoolnutrition .org United States Conference of Mayors www .usmayors .org 243 244 27★★ Federal grant resources One of the goals of Let’s Move! is to streamline the processes for municipal leaders to access federal grants available to help combat childhood obesity . This section of the toolkit is a collection of the grants across the different agencies of the federal government that relate to childhood obesity . Federal grants have different deadlines, and some are renewed year-to-year while some are not . This list is inclusive of the grants that are available in FY2010 . Use this list to start your research into potential funding opportunities for your city, town or county . Connect with your HHS Regional Director for more information about any of these programs . Check back with Let’s Move for updated information in future fiscal years . The grants below are organized according to the four pillars of the Let’s Move! initiative that call for local action . Empowering Parents & Caregivers in Early Childhood To promote increased physical activities and healthy food choices during the early years of childhood, the Head Start and Early Head Start programs include an “I am Moving, I am Learning” Initiative . The Department of Health and Human Services provides IMIL curriculum and program materials to all Head Start and Early Head Start grantees . Mayors and local officials can encourage State Head Start Collaboration Offices as well as local Head Start and Early Head Start providers to share IMIL resources with other local early learning centers and family daycare providers in their areas . •General information about IMIL is available at http://eclkc .ohs .acf .hhs .gov/hslc/ecdh/Health/ Nutrition/Nutrition%20Program%20Staff/IamMovingIam .htm . •Mayors and local officials can find their State Head Start Collaboration Office at http://eclkc . ohs .acf .hhs .gov/hslc/hsd/SCO/state_collaboration .html and a listing of their local Head Start providers at http://eclkc .ohs .acf .hhs .gov/hslc/HeadStartOffices . To ensure that more children in your city or town have access to nutritious foods during their early years, local leaders can work with public, private, and non-profit organizations to participate in the Child and Adult Care Food Program (CACFP) . Funds are distributed by the US Department of Agriculture to States who then reimburse participating child care providers for the nutritious meals and snacks they provide to young children and adults in day care homes and non-residential centers as well as to teenagers in afterschool programs in low income areas . Local sponsoring organizations often provide administrative and technical assistance functions and can encourage more local child care providers to participate in the program . Tribes should work with state agencies to access benefits . Local officials can also work with their State officials to ensure that state policies comply with USDA requirements without creating additional barriers to participation such as added requirements and complicated applications . •Mayors and local officials can find the state agency that manages CACFP for their state at http://www .fns .usda .gov/cnd/Contacts/StateDirectory .htm . 245 LeT’s Move CiTies and ToWns 28★★ •Further information about managing and planning a CACFP program is available at http:// www .fns .usda .gov/cnd/care/ . To ensure that nutrients are available to children from the earliest stages of development and that pregnant women can maintain healthy bodies at a healthy weight, the Women, Infants, and Child Program (WIC) provides nutritious supplemental foods, nutrition education, and health referrals at no cost to low-income pregnant, postpartum, and breastfeeding women, to infants, and to children up to age 5, who are determined to be at nutritional risk . Additionally, within WIC totals, specific funds are available to support the implementation and expansion of breastfeeding peer counseling programs . States then distribute these funds to participating local health agencies . Mayors and local leaders can work with their local health agencies to influence how these funds are directed at a ground level . •Mayors and local officials can find their state WIC agency at http://www .fns .usda .gov/wic/ Contacts/statealpha .HTM •Contact information for the state and tribal nutrition and breastfeeding coordinators at http://www .fns .usda .gov/wic/Contacts/cooralpha .htm . To ensure that children in your community get a healthy start to life, Healthy Start grants support community-designed interventions to improve the health of pregnant women and young children . Healthy Start supports systemic and individual programs to improve quality of and access to health care and support services that impact perinatal and early childhood outcomes . Healthy Start grants are to local health departments, as well as to non-profit organizations and to States and Tribes . Supported projects involve both individual and community-based programs, including case management, home visitation, classes, and outreach to improve child health outcomes . Availability of the Healthy Start grants varies each year, depending on the nature of prior years’ grants . •Information about the Healthy Start program is available at http://mchb .hrsa .gov/healthys- tart/phase1report/profile .htm •Available HRSA grants can be found at http://www .hrsa .gov/grants/#Maternal . Additionally, communities interested in perinatal interventions should inquire with their state health officials about state participation in the Affordable Care Act Maternal, Infant, and Early Childhood Home Visiting Program . To support nutrition education for families and youth eligible for SNAP, local officials can partner with state agencies that participate in Supplemental Nutrition Assistance Program-Nutrition Education (SNAP-Ed). The goal of SNAP-Ed is to improve the likelihood that persons eligible for SNAP will make healthy food choices within a limited budget and choose physically active lifestyles consistent with the Dietary Guidelines for Americans and My Pyramid . SNAP-Ed is implemented through partnerships with state agencies, land grant institutions, state and local public health departments, food banks, and tribal programs . Information about healthy food choices and physically active lifestyles is delivered through individual and group interactive education and through broader social marketing campaigns . Land-grant institutions often contract with SNAP agencies to deliver SNAP-Ed . Through the Healthy, Hunger-Free Kids Act, Congress has also broadened the focus of SNAP-Ed to include obesity prevention . 246 FederaL granT resourCes 29★★ •Local officials can find the state SNAP office or implementing agency for their state at http:// snap .nal .usda .gov/nal_display/index .php?tax_level=1&info_center=15&tax_subject=266 . •Additionally, the SNAP-Ed online resource center for state and local providers is available at http://snap .nal .usda .gov/nal_display/index .php?tax_level=1&info_center=15 and list of land grant institutions by State is available at http://www .csrees .usda .gov/qlinks/partners/state- text .html . Improving Nutrition in Schools To provide school-age children greater access to healthy meals and snacks, mayors and local officials can work through their state education agency to encourage schools to participate in the National School Breakfast Program . The National School Lunch Program (NSLP) and School Breakfast Program (SBP) provide nutritious meals in public and private elementary, middle and secondary schools . Additionally, schools with more than 50% of students receiving free or reduced price lunches can compete for Fresh Fruit and Vegetable Program grants from their State to fund the provision of fresh fruit and vegetable snacks . USDA provides funds to States to reimburse school food authorities for meals and snacks pro- vided to children in participating schools . To maximize the purchasing power of your local school’s food budget while ensuring that students have access to fruits and vegetables, local officials can encourage their schools to participate in the Department of Defense Fresh Fruit and Vegetable Program . Either states or schools, through their school lunch program, can place orders directly with the Department of Defense, Defense Logistics Agency . Tribal schools are also eligible to participate and should work with State education agencies to implement the programs . Local officials can also encourage local schools or school districts to compete in the Healthier US School Challenge . •Information and resources on the HealthierUS School Challenge is available online at http:// www .fns .usda .gov/tn/healthierus/index .html . •Local officials can find the agency managing the Child Nutrition Programs in their state at http://www .fns .usda .gov/cnd/Contacts/StateDirectory .htm . •Resources on expanding existing school breakfast programs are available at http://www .fns . usda .gov/cnd/breakfast/expansion/default .htm . •Detailed information about the Department of Defense Fresh Fruit and Vegetable Program is available at http://www .dscp .dla .mil/subs/produce/school/index .asp . To better link local farmers with school meals, USDA has established a Farm to School Tactical Team . The team is conducting field work, identifying trends and best practices, and providing technical assistance to schools and producers . •Information about the Farm to School Team is available at http://www .fns .usda .gov/cnd/F2S/ f2stacticalteam .htm . To help children develop good nutrition and physical activity habits for healthier lifestyles, USDA pro- vides Team Nutrition training grants to states . States use the funds to provide schools with nutrition education materials and resources for students and parents as well as technical assistance and training 247 LeT’s Move CiTies and ToWns 30★★ for food service providers and communities to make healthier school meals . Mayors and local officials should encourage their State to apply for the competitive program . Many grantees are using the money to support efforts to help their elementary and secondary schools apply for the Healthier US School Challenge . •More information on the HealthierUS Schools Challenge is available at http://www .fns .usda . gov/tn/HealthierUS/index .html . •Details on 2010 grantees are available at http://www .fns .usda .gov/tn/Grants/tnt10 .html . To promote school-based or community-based gardening for students in low income schools, local officials can encourage local schools and organizations to develop a school garden . The federal govern- ment is supporting this effort through the School Garden Initiatives Pilot Program . This is a $1 million pilot program to test the impact of school and community gardens on student dietary and educational outcomes . There may be opportunities for mayors and local officials to participate . •Information about the pilot program is available at http://www .fns .usda .gov/fns/outreach/ grants/garden .htm . •Information on starting a school garden in your community is available at http://www .fns . usda .gov/fns/outreach/grants/Checklist_for_Starting_a_School_Garden .pdf . To improve the capacity of local schools to store, prepare, and serve healthy and nutritious schools, local leaders can apply for grants and financing through the USDA Rural Development Community Facilities Program . The Rural Development Community Facilities Program provides financing for rural communities with a population of up to 20,000 . Financing is available in the form of grants, loans, and loan guarantees . •Information about the USDA Rural Development Community Facilities Program is available at http://www .rurdev .usda .gov/HCF_CF .html . Access to Healthy, Affordable Food To eliminate food deserts in your community and enable residents to access healthy foods, mayors and local officials can collaborate with public and private sector partners to bring supermarkets to neigh- borhoods and towns without access to grocery stores . Funds through the Healthy Food Financing Initiative will be distributed in the form of grants, loan guarantees, and tax credits . •To find the food deserts check: http://www .ers .usda .gov/FoodAtlas/ •Information about the overall Healthy Food Financing Initiative is available at http://apps . ams .usda .gov/fooddeserts/ To promote the production and consumption of healthy foods and increase opportunities for direct producer-to-consumer markets, local officials can apply for grants from the USDA Farmers Market Promotion Program . The Farmers Market Promotion Program provides grants targeted to improve and expand farmers’ markets, roadside stands, community-supported agriculture programs, agri-tourism activities, and other direct producer-to-consumer market opportunities . 248 FederaL granT resourCes 31★★ •More information about the Farmers Market Promotion Program, including grant application resources, is available at http://www .ams .usda .gov/FMPP . To support science and research on improving nutrition and ending the epidemic of childhood obesity, the Agriculture and Food Research Initiative funds scientific research at a variety of institutions, including Tribal organizations and grants to individuals . Mayors and local officials can work with local institutions such as Land Grant Institutions, small businesses, and 501(c)(3) organizations to apply for this funding . •The request for applications, including for the childhood obesity prevention program, is avail- able at http://www .nifa .usda .gov/funding/rfas/afri_rfa .html . •Eligibility and further information about the Childhood Obesity Prevention program is avail- able at http://nifa .usda .gov/fo/africhildhoodobesityprevention .cfm . To increase access to fresh foods and improve the overall food system in low-income communities, local officials can encourage community organizations to apply for grants through the Community Food Systems program . The program provides for infrastructure improvement and innovative marketing activities that benefit food suppliers and low-income consumers . Funds are provided as one-time grants to private non-profit organizations and require a dollar-for-dollar match in resources . Awards range from $10,000 to $300,000 . Examples of funded projects include community gardening initiatives, supermarket development, and promotion of buying local produce . •Local officials can find more information about the program at http://www .csrees .usda .gov/ nea/food/in_focus/hunger_if_competitive .html . To improve access to healthy and local produce by SNAP recipients in your community, local officials can promote SNAP benefit redemption at farmer’s markets . Markets that conduct $100 or more in SNAP business per month are eligible for a free POS device for EBT transactions . The market must have a central location with electricity and a phone line to be able to utilize the free equipment . To accept SNAP benefits, the market must be licensed with the Food and Nutrition Service . The federal government estimates that only 20 percent of farmer’s markets currently have an EBT machine . The goal of the EBT Equipment for Farmer’s Markets program is to enable all Farmer’s Markets to accept SNAP benefits . •More information about accepting SNAP benefits at farmer’s markets is available at http:// www .fns .usda .gov/snap/ebt/fm .htm . •A handbook for facilitating the use of SNAP benefits at your community’s farmer’s markets is available at http://www .ams .usda .gov/AMSv1 .0/getfile?dDocName=STELPRDC5085298&acc t=wdmgeninfo . •Information on obtaining EBT equipment for your local farmer’s market is available at http:// www .fns .usda .gov/snap/ebt/fm-scrip-EBT_Equipment .htm . To ensure that mothers and young children have access to nutritious fruits and vegetables, local officials can work with their local farmers, farmer’s markets, and produce stands to promote participation in the Farmer’s Market Nutrition Program . Participating states receive funding from USDA along with the regular WIC funding . Special coupons are then issued to program participants along with their regular 249 LeT’s Move CiTies and ToWns 32★★ benefits . The program operates on a state-by-state basis and in some cases, private organizations work with the state to match the value of the WIC coupon . Currently, 45 states and tribal governments participate in the FMNP . •Information on participation and detailed information about the program is available at http://www .fns .usda .gov/wic/fmnp/fmnpfaqs .htm . Increasing Physical Activity To increase physical activity in schools, mayors and local officials can work with their local education agencies and/or community-based organizations to apply for the competitive Carol White Physical Education Program . The PEP program provides grants to initiate, expand, and improve physical educa- tion for students in grades K–12 . Grant recipients must implement programs that help students make progress toward meeting State standards; preference is given to those organizations that provide BMI screening . LEAs and CBOs are expected to partner together to tie increased physical activity to other outcomes . Tribes can apply for grants as a local education agency . The average 3 year grant is $427,000 and grantees are required to match 10% in the first year and 25% in years 2 and 3 . •Further information about the Carol White Physical Education Program is available at http:// www2 .ed .gov/programs/whitephysed/index .html . Note: For Future years, the Administration has proposed consolidating the PEP program and other programs into a Safe, Successful and Healthy Students program which will focus on improving school climate, reducing and preventing drug use, violence, or harassment; and supporting the health, fitness, and mental well-being of students so that schools and students can succeed . The program would increase the capacity of States, districts, schools, and their partners to provide the resources and supports necessary for safe, healthy, and successful students, including programs designed to improve student physical health and well-being . To increase opportunities for physical activity by making bicycling and walking to school a safer and more appealing transportation alternative, the US Department of Transportation provides funds to State Departments of Transportation to fund Safe Routes to Schools projects . These funds can be used to build sidewalks, create pedestrian/bicycle crossings, and implement traffic calming and diversion methods within 2 miles of schools . Funds can also be used for public awareness, traffic education and enforcement, student information andthe administration of safe routes programs . Mayors and local officials can work with local schools and parents groups to assess the need for such programs in their neighborhoods and contact their State DOT SRTS Coordinator to learn more about the Safe Routes to School program in their state . Other transportation funding streams that flow through State DOTs may also be used to support such efforts as building sidewalks or bike trails and paths . •Each State has a designated SRTS Coordinator: http://www .saferoutesinfo .org/contacts/ index .cfm •The National Center for Safe Routes to Schools is a federally funded resource providing technical assistance to communities looking to build safe routes to school: http://www . saferoutesinfo .org/ . 250 FederaL granT resourCes 33★★ •The federally funded Pedestrian and Bicycle Information Center provides information and resources to help realize opportunities for increased walking and biking in communities: http://www .pedbikeinfo .org/ . To improve infrastructure that encourages physical activity and active transportation, local officials can work with their State Departments of Transportation to identify projects for Transportation Enhancement funding . Funds are apportioned to State DOTs, and generally must be matched 80%/20% . Mayors and local officials should contact their State TE programs to apply for funds . •Eligibility requirements for Transportation Enhancement projects are available here: http:// www .fhwa .dot .gov/environment/te/eligibility .htm . •Guiding principles for the program are available here: http://www .fhwa .dot .gov/environ- ment/te/principles_pt1 .htm . •State contacts and project examples are listed here: http://www .enhancements .org/ . To increase opportunities for physical activity outdoors through the use of recreational trails, the US Department of Transportation provides funds through the Recreational Trails Program to State agen- cies (usually State resource agencies) to develop and maintain recreational trails and trail-related facilities for both motorized and non-motorized use . Funds are apportioned to the States, and generally must be matched 80%/20% . Mayors and local officials should contact their State trail programs to apply for funds . •Eligibility requirements for Recreational Trails Program projects are available here: http:// www .fhwa .dot .gov/environment/rectrails/ . •Each State has a designated RTP administrator listed here: http://www .fhwa .dot .gov/environ- ment/rectrails/rtpstate .htm To increase opportunities for outdoor physical activity, the Land and Water Conservation Fund (LWCF) State Assistance Program provides matching grants to States and local governments for the acquisition and development of public outdoor recreation areas . The formula grant is distributed to states; local and Tribal governments can then work with states to identify projects and receive funds . •Complete information about the LWCF State Assistance Program is available at http://www . nps .gov/lwcf/manual/lwcf .pdf 251 252 253 254 Santa Clara County Communities Putting Prevention Together (CPPW) Obesity Grant Strategies Participating cities are strongly encouraged to choose both a nutrition and physical activity strategy. In order to apply for the CPPW funding, cities are required to choose at least one strategy from the following list. In addition, it is expected that the CPPW strategies selected will be linked to the city’s plan for the Let’s Move Cities and Towns Initiative. Nutrition 1. Enhance existing city food and beverage policies or institute and implement new food and beverage policies to improve food standards for city operated or contracted programs serving employees and the public (e.g. worksites, childcare and youth programs). Note: policies could focus on one or two programs or be more comprehensive. 2. Increase the accessibility and affordability of fresh fruits and vegetables through Community Supported Agriculture (CSA) projects and farmers’ markets and the use of EBT/Food Stamps. 3. Implement beverage pricing strategy that decreases consumption of unhealthy beverages. Physical Activity 1. Leverage and expand city initiatives to create or augment existing active transportation policies such as complete streets policies, pedestrian and bicycle master plans, crosswalks policies, bike parking policies or health elements in general plan updates. 2. Expand city efforts to outreach and provide support for development of bike parking and other features to support bicycling to businesses/city locations (e.g. promoting bike share programs or locating bike racks at schools, libraries, transit centers, recreation centers, government buildings, office buildings, retail centers, parks, etc.). 3. Develop Safe Routes to School capacity through transportation planning processes or policy development (e.g. development of Safe Routes to School National Partnership Consensus Statements, prioritization of safety and comfort of school children in street modification projects, reduction of speeds in school zones, or demonstration of need for additional Safe Routes to School interventions through planning). 255