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Home My WebLink AboutPacket.pdfTable of Contents Agenda 3 Commendation Honoring the Saratoga High School Band Staff Report 9 Commendation 10 Proclamation Declaring the Month of January 2010 as “National Blood Donor Month” Staff Report 11 Attachment A - Proclamation 12 Presentation on League of California Cities (LCC) – Peninsula Division Staff Report 13 Presentation on Bill of Rights for Children & Youth and Adoption of Resolution Adopting Bill of Rights for Children and Youth Staff Report 14 Attachment A - Bill of Rights 16 Attachment B - Resolution 17 City Council Minutes – December 2, 2009 Staff Report and Minutes 20 City Council Special Meeting Minutes (Housing Element) – December 16, 2009 Staff Report 31 Minutes 32 City Council Meeting Minutes – December 16, 2009 Staff Report 34 Minutes - 121609 35 Review of Accounts Payable Check Registers Staff Report 47 12-10-09 Check Register 49 12-17-09 Check Register 52 01-07-10 Check Register 59 Motor Vehicle (MV) Resolutions Restricting Parking on Dagmar Drive Staff report 63 Map 65 MV Resolution -- Two Hour Parking 66 MV Resolution -- No Parking or Stopping Anytime 67 Resolution Amending the City Council Norms of Operation to Implement the Mayoral Rotation Policy for the Saratoga City Council Staff Report 68 Resolution 70 Mayor Rotation History 73 2009 Library Heating Ventilating, Air Conditioning (HVAC) Renovation Project – Budget Adjustment 1 Staff report and resolution 74 Records Management Program: Resolution Authorizing Final Disposition of Certain City Records Staff Report 77 Listing of documents to be shredded 79 Resolution 82 Adoption of ordinance establishing the City’s ability to issue administrative citations for violations of the Saratoga City Code. Staff Report 83 Ordinance 85 Approval of Sport User Agreements - 2010 Staff report 96 User Agreements 98 Proposed Amendment to Valley Transportation Authority (VTA) Joint Powers Agreement Staff Report 252 VTA Attachment 254 Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) Staff Report 259 Resolution & Commencement Report 261 Options for Facility Rental Policy for Non-Profit Fundraisers Options for Facility Rental Policy for Non-Profit Fundraisers 268 Attachment A - Facility Use Policies July 2007 271 Attachment B - Banquet Facility Rental Rates 12-2009 275 Attachment C - Annual Co-Sponsorship Process Outline Proposal 280 2 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 January 15, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation Honoring the Saratoga High School Band Recommended action: Read and present commendation. 2. Proclamation Declaring the Month of January 2010 as “National Blood Donor Month” Recommended action: Read and present proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, January 20, 2010 PDF created with pdfFactory Pro trial version www.pdffactory.com3 SPECIAL PRESENTATIONS 3. Presentation on League of California Cities (LCC) – Peninsula Division Recommended action: Listen to a short presentation by Joe Pirzynski, Vice Mayor of Town of Los Gatos, on the LCC and its goals for 2010. 4. Presentation on Bill of Rights for Children & Youth and Adoption of Resolution Adopting Bill of Rights for Children and Youth Recommended action: Listen to short presentation on the Bill of rights for Children and Youth; authorize the Mayor to sign the Bill of Rights for Children & Youth, and adopt Bill of Rights Resolution. 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 Minutes – December 2, 2009 Recommended action: Approve Minutes. 6. City Council Special Meeting Minutes (Housing Element) – December 16, 2009 Recommended action: Approve Minutes. 7. City Council Meeting Minutes – December 16, 2009 Recommended action: Approve minutes. 8. 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: December 10, 2009 December 17, 2009 January 7, 2010 9. Motor Vehicle (MV) Resolutions Restricting Parking on Dagmar Drive Recommended action: Move to adopt MV Resolutions restricting parking on a section of Dagmar Drive. 10. Resolution Amending the City Council Norms of Operation Implementing the Mayoral Rotation Policy for the Saratoga City Council Recommended action: Adopt the Resolution amending the City Council Norms of Operation Implementing the Mayoral Rotation Policy for the Saratoga City Council. PDF created with pdfFactory Pro trial version www.pdffactory.com4 11. 2009 Library Heating Ventilating, Air Conditioning (HVAC) Renovation Project – Budget Adjustment Recommended action: Accept report and move to approve budget resolution. 12. Records Management Program: Resolution Authorizing Final Disposition of Certain City Records Recommended action: Adopt Resolution Authorizing Final Disposition of Certain City Records 13. Adoption of ordinance establishing the City’s ability to issue administrative citations for violations of the Saratoga City Code. Recommended action: Staff recommends the City Council waive the Second Reading and adopt the Administrative Citation Ordinance. 14. Approval of Sport User Agreements - 2010 Recommended action: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. 15. Proposed Amendment to Valley Transportation Authority (VTA) Joint Powers Agreement Recommended action: Approve proposed amendment to VTA Joint Powers Agreement. PUBLIC HEARINGS 16. Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) Recommended action: Conduct public hearing and adopt resolution. OLD BUSINESS 17. Options for Facility Rental Policy for Non-Profit Fundraisers Recommended action: Review report and provide direction for the City’s facility rental policies and rental fees for non-profit group fundraising use. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King ABAG City School Ad-Hoc PDF created with pdfFactory Pro trial version www.pdffactory.com5 County HCD Policy Committee Hakone Foundation Executive Committee West Valley Flood Control Zone & Watershed Advisory Committee SCC Cities Association Selection Committee SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) Santa Clara County Emergency Council West Valley Mayors and Managers Association Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation Library Joint Powers Association SASCC Sister City Liaison Village AdHoc Councilmember Howard Miller Chamber of Commerce Council Finance Committee Highway 9 Adhoc KSAR Santa Clara County Cities Association Board West Valley Solid Waste Joint Powers Association West Valley Transportation Authority PAC Councilmember Susie Nagpal Highway 9 Adhoc Village AdHoc Councilmember Chuck Page City School Ad-Hoc Santa Clara Valley Water District Commission Saratoga Ministerial Association West Valley Sanitation District Council Finance Committee 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 Community Development Department Director 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. PDF created with pdfFactory Pro trial version www.pdffactory.com6 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on January 15, 2010, 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 15th day of January 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us PDF created with pdfFactory Pro trial version www.pdffactory.com7 1/20 Regular Meeting – Joint Meeting with Saratoga Chamber of Commerce 1/29 City Council Retreat @ North Prospect Center 2/3 Regular Meeting – Joint Meeting with Planning Commission 2/17 Regular Meeting – Joint Meeting with Supervisor Liz Kniss 3/3 Regular Meeting – Also Interviewing Commissioners for vacancies --Joint Meeting with Parks and Recreation Commission 3/17 Regular Meeting – Joint Meeting with Sheriff’s Office and County Fire 4/7 Regular Meeting –Joint Meeting with School Districts: Saratoga Union Elementary School District; Los Gatos-Saratoga Union High School District; Cupertino School District; Campbell School District Moreland School District; Fremont High School District; Sacred Heart; St. Andrews, and Campbell Union High School District 4/21 Regular Meeting – Joint Meeting with Youth Commission 5/5 Regular Meeting – Joint Meeting with Mt. Winery 5/19 Regular Meeting – Joint Meeting with Montalvo Arts 6/2 Regular Meeting – Interview Youth commissioners for vacancies 6/16 Regular Meeting – Joint Meeting with HOA Presidents 7/7 Regular Meeting – Joint Meeting with Library Commission and Friends of the Saratoga Libraries 7/21 Regular Meeting – Joint Meeting with SASCC 8/4 SUMMER RECESS – NO COUNCIL MEETING 8/18 SUMMER RECESS – NO COUNCIL MEETING 9/1 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/15 Regular Meeting – Joint meeting with Assemblymember Jim Beall 10/6 Regular Meeting – Joint Meeting with Traffic Safety Commission 10/20 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Comm. 11/3 Regular Meeting – Joint meeting with Saratoga Ministerial Association 11/17 Regular Meeting - Joint Meeting with Hakone Foundation 11/30 Council Reorganization 12/1 Regular Meeting - 12/15 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2010 PDF created with pdfFactory Pro trial version www.pdffactory.com8 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation Honoring the Saratoga High School Band RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: The attached commendation honors the Saratoga High School Marching Band for their dedication and professionalism. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Copy of the commendation. PDF created with pdfFactory Pro trial version www.pdffactory.com9 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE SARATOGA HIGH SCHOOL MARCHING BAND WHEREAS, the 220 members of the Saratoga High School Marching Band were finalist at the Western Band Association Marching Band Finals on November 21 & 22, 2009; and WHEREAS, in recognition thereof, it is appropriate to extend to them the special honors and highest commendations of the community of Saratoga; and WHEREAS, the Saratoga High School Marching Band was a finalist in Grand Championship Competition earning a sixth place finish among 90 bands competing throughout the weekend; and WHEREAS, the Saratoga High School Marching Band competed in marching band competitions throughout the fall of 2009 and was the marching band sweepstakes award recipient at the Cupertino Tournament of Bands and Golden State Tournament of Bands; and WHEREAS, the dedication, professionalism, and combined music talents of Michael Boitz and Duane Otani, have made it possible for the children of our community to discover a love of music and appreciation for the arts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does hereby congratulate and commend the members of the Saratoga High School Marching Band and the Los Gatos Saratoga Unified High School District for this outstanding achievement in their 2009 marching band season. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day of January 2010. Kathleen M. King, Mayor City of Saratoga PDF created with pdfFactory Pro trial version www.pdffactory.com10 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring the Month of January 2010 as “National Blood Donor Month” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The attached proclamation declares the month of January 2010 “National Blood Donor Month”. Mona Helmhold, Donor Recruitment Account Manager, will be attending the meeting to accept the proclamation on behalf of the American Red Cross. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of proclamation PDF created with pdfFactory Pro trial version www.pdffactory.com11 CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF JANUARY 2010 VOLUNTEER BLOOD DONOR MONTH WHEREAS, donating blood is a potentially lifesaving gift that millions of Americans can give; and WHEREAS, there is a need to ensure an adequate blood supply and to stress the importance of giving the “Gift of Life” through the donation of blood; and WHEREAS, there is a need for additional healthy, regular volunteer donors to join the ranks of those who already give of themselves so generously; and WHEREAS, one blood donation may help save three lives; and WHEREAS, every day blood is needed in hospitals and emergency treatment facilities for patients with cancer and other diseases, for organ transplant recipients, and to help save the lives of accident victims; and WHEREAS, the need for blood is constant, especially during the winter months when blood is traditionally in short supply due to a reduction in donor turnout because of the holidays, busy travel schedules, inclement weather and illness, which can put blood inventory at a critical low; and WHEREAS, the American Red Cross Northern California Blood Services Region distributes 130,000 pints of blood per year to help save local patients, yet fewer than 100,000 pints of blood are collected in the region annually; and WHEREAS, some 38 percent of the public is eligible to donate, yet fewer than 8 percent donate blood; and WHEREAS, there is a need for civic and service organizations and businesses to sponsor blood drives. NOW, THEREFORE, I, Kathleen M. King, Mayor of the City of Saratoga, hereby proclaim the month of January as “National Blood Donor Month” for Saratoga and urge all citizens to pay tribute to those among us who donate for others in need. I urge citizens in good health to donate regularly. I also urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 20th day of January 2010. _________________________ Kathleen M. King, Mayor PDF created with pdfFactory Pro trial version www.pdffactory.com12 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Presentation on League of California Cities (LCC) – Peninsula Division RECOMMENDED ACTION: Listen to a short presentation by Joe Pirzynski, Vice Mayor of Town of Los Gatos, on the LCC and its goals for 2010. REPORT SUMMARY: Vice Mayor Pirzynski will be providing a short presentation on the League of California’s goals for 2010. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: PDF created with pdfFactory Pro trial version www.pdffactory.com13 1 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Presentation on Bill of Rights for Children and Youth and Adoption of Resolution Adopting Bill of Rights for Children and Youth RECOMMENDED ACTION: Listen to short presentation by Dana Bunnett, Executive Director for Kids in Common, on the Bill of rights for Children and Youth; authorize the Mayor to sign the Bill of Rights for Children and Youth and adopt Bill of Rights Resolution. REPORT SUMMARY: Santa Clara County Children’s Agenda has identified community goals for our children and youth. The Bill of Rights for Children and Youth is a bold, public agreement that all children and youth are entitled to certain fundamental elements. The United Nations proclaimed an International Children’s Bill of Rights in 1990, and the State of California passed its own in 2009 modeled on the Bill of Rights for Children and Youth of San Mateo County. It is time for Santa Clara County to join in this public agreement. Leaders and citizens of the City of Saratoga can now go on record professing they believe children and youth have fundamental rights by authorizing the Mayor to sign the attached Bill of Rights for Children and Youth and adopting the attached resolution. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: PDF created with pdfFactory Pro trial version www.pdffactory.com14 2 The City Clerk will mail the signed Bill of Rights and a copy of the signed Resolution to the appropriate County offices. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Bill of Rights for Children and Youth Attachment B - Resolution PDF created with pdfFactory Pro trial version www.pdffactory.com15 Bill of Rights for Children & Youth CHILDREN’S AGENDA Santa Clara County ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ They have a healthy mind, body and spirit that enables them to maximize their potential. They develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supportive adult. Their essential needs are met – nutritious food, shelter, clothing, health care, and accessible transportation. They have a safe and healthy environment, including homes, schools, neighborhoods and communities. They have access to a 21st century education that promotes success in life, in future careers and a love of life-long learning. They have training in life skills that will prepare them to live independently, be self-sufficient and contribute to their community. They have employment opportunities with protections from unfair labor practices. They have freedom from mistreatment, abuse and neglect. They have a voice in matters that affect them. They have a sense of hope for their future. We resolve to invest in all children and youth so that: Santa Clara County Signature Date Name Representing Self Organization 16 RESOLUTION NO. 10 – RESOLUTION ADOPTING THE BILL OF RIGHTS FOR THE CHILDREN AND YOUTH OF SANTA CLARA COUNTY LED BY THE SANTA CLARA COUNTY CHILDREN’S AGENDA VISION COUNCIL WHEREAS, the Santa Clara County Children’s Agenda Vision Council is made up of leaders from multiple disciplines throughout Santa Clara County and is leading the Children’s Agenda to achieve better outcomes for children and envisions a community where every child is safe, healthy, successful in learning, successful in life; and WHEREAS, the Santa Clara County Children’s Agenda Vision Council’s mission is to champion systems change, effective investment and policies, and strategic partnerships, that improve outcomes for children, youth and families in Santa Clara County; and WHEREAS, the Santa Clara County Children’s Agenda Vision Council believes that all children and youth have rights to live in a just, moral and supportive society; and WHEREAS, the Santa Clara County Children’s Agenda Vision Council embraces the diversity of our community and believes all children and youth have the same rights, regardless of their culture, race, gender or gender identity, sexual orientation, religion or disability; and all children and youth have the right to a better world than the one they inherited; and WHEREAS, the Santa Clara County Children’s Agenda Vision Council has adopted the Bill of Rights for Children and Youth to draw the attention of all County and local agencies, parents, guardians, and private enterprises throughout the county and to provide them guidance in their decision making in order to foster the needs and healthy development of all children, youth, and families in the County; and WHEREAS, the City of Saratoga desires that every child and youth should have the opportunities set forth in the Bill of Rights for the Children and Youth of Santa Clara County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga adopts the Bill of Rights for the Children and Youth for Santa Clara County as a guideline for all County local agencies, parents, guardians, communities, and private enterprises. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga with the adoption of this resolution supports and encourages all County and local agencies to adopt, publicize, and facilitate the Bill of Rights for Children and Youth into programs and activities for the benefit of our youth. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 20th day of January 2010, by the following vote: PDF created with pdfFactory Pro trial version www.pdffactory.com17 AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Ann Sullivan, City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com18 The Bill of Rights for Children and Youth of Santa Clara County: We resolve to invest in all children and youth so that: · A healthy mind, body and spirit that enables them to maximize their potential. · Develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supportive adult. · Have their essential needs are met – nutritious food, shelter, clothing, health care, and accessible transportation. · A safe and healthy environment, including homes, schools, neighborhoods and communities. · Access to a 21st century education that promotes success in life, in future careers and a love of life-long learning. · Training in life skills that will prepare them to live independently, be self-sufficient and contribute to their community. · Employment opportunities with protections from unfair labor practices. · Freedom from mistreatment, abuse and neglect. · A voice in matters that affect them. · A sense of hope for their future. PDF created with pdfFactory Pro trial version www.pdffactory.com19 Page 1 of 11 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Deputy City clerk SUBJECT: City Council Minutes – December 2, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for December 2, 2009. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from the December 2, 2009 City Council meeting. PDF created with pdfFactory Pro trial version www.pdffactory.com20 Page 2 of 11 MINUTES SARATOGA CITY COUNCIL MEETING December 2, 2009 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – Threatened Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) MAYOR’S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information from the closed session. City Council held a Joint Meeting with the Planning Commission in the Administrative Conference Room at 6:00 p.m. Mayor King called the Regular City council meeting to order at 7:00 p.m. and Boy Scout Troop 535 led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King ABSENT: Susie Nagpal (Excused Absence) ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Debbie Bretschneider, Deputy City Clerk Crystal Morrow, Administrative Analyst Mary Furey, Finance Director Claudia Cauthorn, Interim Recreation Director John Livingstone, Community Development Director John Cherbone, Public Works Director Leo Salindong, IT Analyst Shawn Gardner, Parks Lead Worker PDF created with pdfFactory Pro trial version www.pdffactory.com21 Page 3 of 11 REPORT OF CITY CLERK ON POSTING OF AGENDA Debbie Bretschneider, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 2, 2009, was properly posted on November 25, 2009. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak: Citizen Ray addressed the Council regarding the pollution from the Lehigh Cement Plant in Cupertino. He brought a letter from the Bay Area Air Quality Management District to share with the Council. Janice Gamper addressed the Council and requested help slowing down traffic on Chester Avenue. She also had concerns about the number of dead deer on the road and asked for Deer traffic signs. Foothill School 4th and 5th graders performed a song from their upcoming performance of “Willie Wonka Junior”, which will be held in the Saratoga Civic Theater on December 11 and 12, 2009. Aaron Schneider of Boy Scout Troup 535 announced that there will be an e-waste recycling event at the Saratoga Prospect Center on Saturday, January 9, 2010 from 9 am to 5 pm. The public can drop off electronic items for free. Direction to Staff Mayor King asked staff to look into directed enforcement on Chester Avenue and to look into Deer signs. Vice Mayor Hunter asked staff to look into how many deer die on our roads and where. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Yan Zhao, Planning Commission Chair, provided a brief report on the Joint Meeting prior to the Regular Council meeting. The Planning Commission brought a list of proposed items that they could work on in the upcoming year. After discussion with the Council, it was decided that the Council will discuss the proposed work plan during the Council’s Retreat in January and give the Planning Commission direction. Direction to Staff PDF created with pdfFactory Pro trial version www.pdffactory.com22 Page 4 of 11 None ANNOUNCEMENTS Vice Mayor Hunter announced that on December 6, 2009 the Historical Foundation was presenting a program at the Library. This will be a panel of WWII Veterans talking of their experiences. Councilmember Page wanted everyone to know that the problem with the Tree Lighting in the Village had been fixed. At the Thanksgiving ceremony, the tree was lit for a very short period of time before it was discovered to have a short circuit. Councilmember Miller wanted everyone to know that the Winter/Spring Activity Guide from the Recreation Department is available now. It will be mailed to homes and is also available at City Hall. He also wanted everyone to know that there will not be a separate Spring guide, so to hold on to this one. Vice Mayor Hunter also noted that businesses can advertise in the Recreation Department’s Activity Guide. Mayor King wanted everyone to know that on Saturday, December 5, 2009, Santa Clara County would be giving out free H1N1 Vaccines at the Fairgrounds. There is a link on the Saratoga website to the website with more information. www.saratoga.ca.us CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL MEETING MINUTES – November 18, 2009 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO ACCEPT THE CITY COUNCIL MEETING MINUTES FOR NOVEMBER 18, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 2. REVIEW OF ACCOUNTS PAYABLE REGISTERS PDF created with pdfFactory Pro trial version www.pdffactory.com23 Page 5 of 11 STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: November 12, 2009 November 19, 2009 PAGE/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: NOVEMBER 12, 2009 AND NOVEMBER 19, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 3. TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2009 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended October 31, 2009. PAGE/MILLER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDING OCTOBER 31, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 4. BUDGET ADJUSTMENT - VILLAGE PEDESTRIAN ENHANCEMENT PROJECT STAFF RECOMMENDATION: Approve budget resolution RESOLUTION NO. 09-064 Vice Mayor Hunter pulled this item for more discussion. HUNTER/PAGE MOVED TO ADOPT BUDGET ADJUSTMENT - VILLAGE PEDESTRIAN ENHANCEMENT PROJECT. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 5. REQUEST FOR COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEES FOR 2010 STAFF RECOMMENDATION: Informational only. PAGE/MILLER MOVED TO ACCEPT THE REQUEST FOR COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEES FOR 2010. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 6. ANNUAL CONCRETE REPAIR AND REPLACEMENT PROGRAM -NOTICE OF COMPLETION STAFF RECOMMENDATION: Move to accept the Annual Concrete Repair and Replacement Program as complete and authorize staff to record the Notice of Completion for the construction contract. PDF created with pdfFactory Pro trial version www.pdffactory.com24 Page 6 of 11 PAGE/MILLER MOVED TO ACCEPT THE ANNUAL CONCRETE REPAIR AND REPLACEMENT PROGRAM – NOTICE OF COMPLETION. MOTION PASSED 4-0- 1 WITH COUNCILMEMBER NAGPAL ABSENT. 7. ADOPTION OF NEW NAMES FOR THE NORTH CAMPUS NAME AND BUILDINGS AT THE FACILITY STAFF RECOMMENDATION: Accept report and adopt the new names for the North Campus and the two buildings at the site. Councilmember Miller pulled this item for more discussion. PAGE/MILLER MOVED TO APPROVE THE ADOPTION OF NEW NAMES FOR THE NORTH CAMPUS NAME AND BUILDINGS AT THE FACILITY WITH THE MODIFICATION TO NAME THE ADMINISTRATION BUILDING ‘THE GRACE BUILDING’. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. PUBLIC HEARINGS None OLD BUSINESS 8. REQUEST FROM ASSISTANCE LEAGUE OF LOS GATOS/SARATOGA FOR PARTIAL WAIVER OF USE FEES. STAFF RECOMMENDATION: Consider and take action on the Assistance League’s request for the non-profit rate for use of the North Campus Fellowship Hall for their Crab Fest in February and their Intergenerational Tea in May. Interim Recreation Director Claudia Cauthorn presented the staff report regarding the request from the Assistance League of Los Gatos/Saratoga for partial waiver of use fees. Mayor King asked if anyone from the Assistance League had come to speak. Gloria Kahn, President of the Assistance League of Los Gatos/Saratoga spoke in favor of this request. She gave some information about the work the League does: they provide lunches to the Saratoga Senior Day Care Program, they provide English/Spanish Dictionaries to school children, and they promote reading in the schools. Eight-five percent of the money raised goes to the needs of the community. Mayor King closed the public comment. PDF created with pdfFactory Pro trial version www.pdffactory.com25 Page 7 of 11 HUNTER/MILLER MOVED TO GRANT THE REQUEST FROM ASSISTANCE LEAGUE OF LOS GATOS/SARATOGA FOR PARTIAL WAIVER OF USE FEES AND TO REIMBURSE THEM FROM THE COUNCIL DISCRETIONARY FUND. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 9. REQUEST FROM SARATOGA ROTARY FOR PARTIAL WAIVER OF USE FEES STAFF RECOMMENDATION: Consider and take action on the Saratoga Rotary’s request for the non-profit rate for use of the North Campus Fellowship Hall on January 25, 2010 Interim Recreation Director Claudia Cauthorn presented the staff report regarding the request from the Saratoga Rotary for partial waiver of use fees. Mayor King asked if anyone from the Saratoga Rotary had come to speak. Scott Wheelwright, President of the Saratoga Rotary, spoke in favor of this request. The Rotary is raising money to sponsor a mission to Guatemala in May 2010 to fix the cleft palates of children. The Rotary is having a benefit dinner which will include several restaurants from Saratoga on Monday, January 25, 2010 at 6:30 pm. All of the profit from the dinner will go to the mission. Mayor King closed the public comment. MILLER/PAGE MOVED TO GRANT THE REQUEST FROM SARATOGA ROTARY FOR PARTIAL WAIVER OF USE FEES AND TO REIMBURSE THEM FROM THE COUNCIL DISCRETIONARY FUND. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 10. 2010 WINTER ISSUE OF THE SARATOGAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Crystal Morrow, Administrative Analyst II, presented the staff report on the 2010 Winter issue of the Saratogan. Council made several suggestions for the issue. Vice Mayor Hunter suggested an article on the Saratoga Library needing funds to stay open on Mondays after June 2010. Councilmember Hunter suggested an article about the Winter/Spring Activity Guide or even just a link to the Recreation Department’s Activity Guide. PDF created with pdfFactory Pro trial version www.pdffactory.com26 Page 8 of 11 Councilmember Page suggested a longer article on trees in Saratoga with what kind of tree not to plant, and when permits are needed. Mayor King seconded that and suggested the article include what kind of trees would work in what areas and how deep the trees should be planted. 11. TELECOMMUNICATIONS UPGRADE PROJECT STAFF RECOMMENDATION: Review report and direct staff to issue a Request for Proposals to replace the existing PBX telecommunication system with a Voice over Internet Protocol (VoIP) telecommunication system for the main City Hall buildings, the Joan Pisani Community Center, the Corporation Yard, the Saratoga Area Senior Coordinating Council and the North Campus. Staff further recommends including electronic fax integration in the system. Leo Salindong, IT Analyst, presented the report on the options available for the telecommunications upgrade project. Mayor King invited public comment. There was none. PAGE/MILLER MOVED TO ACCEPT THE OPTION OF THE VOICE OVER INTERNET PROTOCOL TELECOMMUNICATION SYSTEM AND TO ACCEPT OPTIONS A, B, AND C. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. NEW BUSINESS 12. RESOLUTION AUTHORIZING SUBMITTAL OF ENERGY EFFICIENCY CONSERVATION BLOCK GRANT APPLICATION TO THE CALIFORNIA ENERGY COMMISSION STAFF RECOMMENDATION: Accept report and approve attached resolution authorizing submittal of the City’s Energy Efficiency Conservation Block Grant to the California Energy Commission. Shawn Gardner, Parks Lead worker, presented the staff report to approve the resolution authorizing submittal of the City’s Energy Efficiency Conservation Block Grant to the California Energy Commission. He gave the council information on a proposal to use the grant funds to pay for replacing the street lights in the Village with LED lights, thereby promoting energy conservation. RESOLUTION NO. 09-065 PAGE/MILLER MOVED TO APPROVE THE RESOLUTION AUTHORIZING SUBMITTAL OF ENERGY EFFICIENCY CONSERVATION BLOCK GRANT PDF created with pdfFactory Pro trial version www.pdffactory.com27 Page 9 of 11 APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND AUTHORIZE THE VILLAGE AD HOC COMMITTEE TO WORK WITH STAFF TO SELECT THE LIGHT FIXTURES THAT AREA BEST FIT WITH THE VILLAGE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 13. LETTER OF COMMITMENT FOR ASSOCIATION OF BAY AREA GOVERNMENTS RESIDENTIAL ENERGY EFFICIENCY AUDIT AND RETROFIT PROGRAM STAFF RECOMMENDATION: Accept report and authorize the City Manager to sign the Association of Bay Area Governments (ABAG) residential energy efficiency audit and retrofit program letter of commitment. Crystal Morrow, Administrative Analyst II, presented the staff report to approve the Association of Bay Area Governments (ABAG) residential energy efficiency audit and retrofit program letter of commitment. She stated ABAG’s program would create a regional home energy audit and retrofit program that would include workforce development, marketing, and outreach and quality assurance. The recommended Council action would indicate the City’s support of and intention to participate in the ABAG program. MILLER/PAGE MOVED TO ACCEPT THE REPORT AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE LETTER OF COMMITMENT FOR ASSOCIATION OF BAY AREA GOVERNMENTS RESIDENTIAL ENERGY EFFICIENCY AUDIT AND RETROFIT PROGRAM. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 14. COUNCIL MEMBER TOPICS FOR JANUARY 29, 2010 COUNCIL RETREAT STAFF RECOMMENDATION: Informational only. Debbie Bretschneider, Deputy City Clerk, presented the report on behalf of Ann Sullivan, City Clerk, who was absent. Mayor King noted that she agendized this item to give the Council a chance to discuss potential agenda topics for the Council Retreat and to identify retreat topics prior to the staff retreat. Vice Mayor Hunter requested that the Council discuss projects to build a sense of community in Saratoga. Councilmember Miller noted that Mary Furey, Finance Director, will be talking to the council about the budget. He also noted that the Council needed to find ways to promote the new and improved Community Development Department’s outreach to contractors and homeowners. And he mentioned needing to promote the Recreation Department’s programs. PDF created with pdfFactory Pro trial version www.pdffactory.com28 Page 10 of 11 Councilmember Page suggested that the council work on Saratoga’s physical health. Could the City sponsor health fairs or create non-smoking areas of the City? ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King –reported: West Valley Flood Control Zone & Watershed Advisory Committee – attended this meeting and gave information from this meeting to staff. SSC Cities Association Executive Board –The Board solicited suggestions from Cities on next year’s work plan. Mayor King asked for this to be agendized at the next Council meeting. Vice Mayor Hunter –reported: SASCC –reported that she attended the meeting and will be attending them from now on. Library Commission/Friends of the Library—she was invited to attend the Library Commission meeting. The Library reported that the new HVAC system is working beautifully. The Library community is disappointed that Barbara Williams is leaving in January 2010, after 2 years in the job. There will be a reception for her on December 17, 2009. The Library also discussed that there will be no funding for staying open on Monday after June 2010. She thanked the Friends of the Library for their excellent work and encouraged everyone to buy a book from the Friends of the Library store. Councilmember Miller –reported: Council Finance Committee –reported that there was a Finance Committee meeting before the December 2, 2009 Council meeting. The report on the budget is that the “fee for service areas” are below projected amounts, but that the city staff are already working on closing the gap. Councilmember Page –reported: Hakone Foundation Board --he attended this meeting and positive reports are coming from Hakone on renting out their facility. Peninsula Division, League of California Cities – reminded the council of the League’s Holiday party on December 3, 2009 in Cupertino. Valley Transportation Authority PAC –announced he is no longer a member of the PAC. He has been appointed a member of the VTA Board. West Valley Sanitation District –he attended their meeting and can report that there is discussion of a slight increase in rates for sometime next year. Council Finance Committee --he attended the meeting today and the discussion was on the telecommunications upgrade, the public safety contract, and the development impact fees. CITY COUNCIL ITEMS Mayor King suggested that the City give Barbara Williams a commendation. PDF created with pdfFactory Pro trial version www.pdffactory.com29 Page 11 of 11 Vice Mayor Hunter suggested that the commendation be presented at the reception for Barbara Williams. Mayor King suggested that Vice Mayor Hunter give the commendation to Barbara Williams. Vice Mayor Hunter said she would be pleased to do so. CITY MANAGER’S REPORT The City Manager had nothing to report. CITY ATTORNEY’S REPORT The City Attorney had nothing to report. ADJOURNMENT There being no additional business Mayor King asked for a motion to adjourn. PAGE/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 8:54 PM. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. Respectfully submitted, Debbie Bretschneider Deputy City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com30 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Special Meeting Minutes (Housing Element) – December 16, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for December 16, 2009 Special City Council meeting (Housing Element). FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from December 16, 2009 Special City Council meeting (Housing Element) PDF created with pdfFactory Pro trial version www.pdffactory.com31 1 MINUTES SPECIAL MEETING CITY COUNCIL & PLANNING COMMISSION DECEMBER 16, 2009 Mayor King called the Special Meeting to order at 6:00PM. ROLL CALL PRESENT: ABSENT: Councilmembers: Mayor Kathleen King Vice Mayor Jill Hunter, Chuck Page Howard Miller Planning Commissioners: Joyce Hlava Yan Zhao Doug Robertson David Reis Councilmember Susie Nagpal Planning Commissioners Linda Rodgers, Manny Cappello and Mary-Lynne Bernald ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, City Clerk John Livingstone, Community Development Director Chris Riordan, Senior Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008 Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 16, 2009, was properly posted on December 15, 2009. 1. REVIEW COMMENTS FROM THE STATE REGARDING THE CITY OF SARATOGA HOUSING ELEMENT UPDATE STAFF RECOMMENDATION: Implement Council’s Direction PDF created with pdfFactory Pro trial version www.pdffactory.com32 2 At the March 31, 2009 Housing Element Study Session, Council agreed to designate a 6 acre parcel on Prospect/Lawrence Expressway as 20 dwelling units per acre (minimum) to meet, in part, the City’s fair share affordable housing allocation requirements and that this same parcel could be designated as the SB 2 Emergency Shelter area. Subsequently, the City provided a revised draft housing element to the Department of Housing and Community Development Division of Housing Policy Development, reflecting this designated 6 acre parcel as the City’s obligation to also provide Emergency Shelters as needed, which is required by State law. The City received a letter, dated December 14, 2009, from the Department of Housing and Community Development Division of Housing Policy Development, indicating further revision was required to comply with State housing element law (Article 10.6 of the Government Code). In order to comply with the State’s requirements, Council and Planning Commissioners agreed to allow emergency shelters by right as a permitted use in all commercial zones. PAGE/MILLER MOVED TO ALLOW EMERGENCY SHELTERS BY RIGHT IN COMMERCIAL ZONES, WHICH IS TO BE REVIEWED WITHIN ONE YEAR; AND TO LOOK AT ALL COMMERCIAL ZONES FOR POTENTIAL EMERGENCY SHELTERS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. There being no additional business, Mayor King asked for a motion to adjourn. PAGE/MILLER MOVED TO ADJOURN THE SPECIAL MEETING AT 6:30PM. MOTION PASSED 4-0-1 WITH NAGPAL ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com33 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes – December 16, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for December 16, 2009 City Council 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: N/A ATTACHMENTS: Attachment A – Minutes from December 16, 2009 City Council meeting. PDF created with pdfFactory Pro trial version www.pdffactory.com34 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING DECEMBER 16, 2009 The City Council of the City of Saratoga held a Special Meeting with members of the Planning Commission in the Administrative Conference Room at 6:00 p.m. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and asked former Saratoga Mayor, Nick Streit, who was present, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King ABSENT: Councilmember Susie Nagpal ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Fossati, Assistant Planner Crystal Morrow, Administrative Analyst II Jana Rinaldi, Code Enforcement Specialist REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 16, 2009, was properly posted on December 10, 2009. ORAL COMMUNICATIONS None COMMUNICATIONS FROM BOARDS AND COMMISSIONS The Planning Commission met with the City Council in a Special Meeting prior to the Regular Meeting to review comments from the State regarding the City of Saratoga’s Housing Element update. DIRECTION TO STAFF: Council directed staff to allow emergency shelters as a permitted use in all commercial zones. ANNOUNCEMENTS Councilmember Miller stated the Saratoga Winter Activity Guide was available and invited the public to check out the holiday winter programs that are available during the PDF created with pdfFactory Pro trial version www.pdffactory.com35 2 holidays. In addition, he noted the Boy Scouts have scheduled an E-Waste Recycling event on January 9th from 9AM to 9PM at Saratoga Prospect Center. Councilmember Page noted the City of Saratoga, combined with the City of Campbell, was offering a class for children ages 10 to 13 on how to manage money, write checks and handle a credit card. Councilmember Hunter noted the Senior Center would be hosting an event on Friday evening from 6:30p.m.to 8:30p.m. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1. VIDEO PRESENTATION ON “SARATOGA LIVE” STAFF RECOMMENDATION: Listen to and view a short video presentation from Patrick and Sally O’Hearn. Councilmember Page introduced Patrick and Sally O’Hearn. The O’Hearn’s provided a short presentation on “Saratoga Live” – a media website for Saratoga. CONSENT CALENDAR 2. CITY COUNCIL REORGANIZATION MINUTES – DECEMBER 1, 2009 STAFF RECOMMENDATION: Approve minutes. PAGE/HUNTER MOVED TO APPROVE CITY COUNCIL REORGANIZATION MINUTES – DECEMBER 1, 2009. MOTION PASSED 4- 0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 3. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2009 STAFF RECOMMEDATION: Review and accept the Treasurer’s Report for the month ended November 30, 2009. PAGE/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS. STAFF RECOMMEDATION: That the City Council accepts the Check Registers for the following Accounts Payable cycles: November 25, 2009 PDF created with pdfFactory Pro trial version www.pdffactory.com36 3 December 04, 2009 PAGE/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE CYCLES: NOVEMBER 25, 2009 AND DECEMBER 04, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 5. RESOLUTION ADOPTING COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS STAFF RECOMMEDATION: Adopt resolution. Mayor King removed this item for clarification regarding the council representatives on the Hakone Foundation Board. She stated Vice Mayor Hunter should be the primary representative and Mayor King should be the alternate; and Mayor King should be the representative on the Executive Committee. In addition, she noted the alternate representative for the Santa Clara County Cities Association Selection Committee, should be Councilmember Miller. RESOLUTION NO. 09-066 KING/MILLER MOVED TO ADOPT THE RESOLUTION FOR COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS AS AMENDED WITH THE ABOVE CORRECTIONS. MOTION PASSED 4-0- 1 WITH COUNCILMEMBER NAGPAL ABSENT. 6. FY 2008/09 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). STAFF RECOMMEDATION: Review and accept the FY 2008/09 Comprehensive Annual Financial Report (CAFR) Councilmember Miller removed this item to thank staff for an excellent job in preparing the report. MILLER/PAGE MOVED TO ACCEPT THE FY 2008/09 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 7. ELECTRICAL, GAS AND TELEPHONE SERVICE CONSTRUCTION FOR FRIENDSHIP HALL, SARATOGA PROSPECT CENTER – NOTICE OF COMPLETION STAFF RECOMMEDATION: Move to accept the Electrical, Gas and Telephone Service Construction Project as complete and authorize staff to record the Notice of Completion. PAGE/HUNTER MOVED TO ACCEPT THE ELECTRICAL, GAS AND TELEPHONE SERVICE CONSTRUCTION PROJECT AS COMPLETE AND PDF created with pdfFactory Pro trial version www.pdffactory.com37 4 AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 8. OFFER TO DEDICATE TRAIL EASEMENT STAFF RECOMMEDATION: 1. Approve Offer to Dedicate Trail Easement on the property located at 22000 Via Regina (APN 503-69-025 old, 503-69-040 new). 2. Adopt Resolution Accepting Offer to Dedicate Trail Easement. RESOLUTION NO. 09-067 PAGE/HUNTER MOVED TO 1) APPROVE OFFER TO DEDICATE TRAIL EASEMENT ON THE PROPERTY LOCATED AT 22000 VIA REGINA (APN 503-69-025 OLD, 503-69-040 NEW). 2) ADOPT RESOLUTION ACCEPTIING OFFER TO DEDICATE TRAIL EASEMENT. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 9. HERITAGE RESOURCE INVENTORY UPDATE STAFF RECOMMEDATION: Direct Staff Accordingly Vice Mayor Hunter removed this item for discussion. She inquired how people go about getting historic homes listed on the Heritage Resource Inventory list. Peter Marra, Chair for Heritage Preservation Commission (HPC), stated people could contact the HPC to begin the process. He added the HPC would add this resource list to the City’s website so citizens could access the various links, which would also assist them in determining if their properties meet the criteria to be placed on the historic resource list. Michael Fossati, HPC staff liaison, noted people could contact him via the City’s website regarding the process for deeming homes as historic. HUNTER/MILLER MOVED TO ACCEPT THE HERITAGE RESOURCE INVENTORY LIST AS PRESENTED. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 10. 2010 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT RESOLUTION STAFF RECOMMEDATION: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. RESOLUTION NO. 09-068 PDF created with pdfFactory Pro trial version www.pdffactory.com38 5 PAGE/HUNTER MOVED TO ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) AS PUBLIC NUISANCE AND SETTING PUBLIC HEARING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 11. HISTORICAL PARK LANDSCAPE PROJECT – DONATION OF FUNDS FROM THE SARATOGA HISTORICAL FOUNDATION STAFF RECOMMEDATION: 1. Accept funds in the amount of $26,000 from the Saratoga Historical Foundation for the Historical Park Landscape Project. 2. Approve Budget Resolution. Vice Mayor Hunter removed this item to acknowledge the significance of the Historical Park and to thank the Historical Foundation for the $26,000 donation for the landscape project. Bob Himel, President of the Saratoga Historical Foundation was present and thanked the City of Saratoga for the opportunity to work on the Historical Park. He also thanked the members of the Horticultural Society for providing the donation to the Historical Foundation. RESOLUTION NO. 09-069 HUNTER/PAGE MOVED TO 1) ACCEPT THE DONATED FUNDS IN THE AMOUNT OF $26,000 FROM THE SARATOGA HISTORICAL FOUNDATION FOR THE HISTORICAL PARK LANDSCAPE PROJECT; 2) APPROVE BUDGET RESOLUTION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 12. DEVELOPMENT IMPACT FEE REPORT STAFF RECOMMEDATION: Review and accept report on the status of FY 2008/09 Development Impact Fees PAGE/HUNTER MOVED TO ACCEPT REPORT ON THE STATUS OF FY 2008/09 DEVELOPMENT IMPACT FEES. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 13. HIGHWAY 9 SAFETY IMPROVEMENT PROJECT, PHASE II - COOPERATIVE AGREEMENT AND DESIGN CONTRACT APPROVAL STAFF RECOMMEDATION: 1. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga, the Town of Los Gatos, and the City of Monte Sereno for the Highway 9 Safety Improvement Project Phase II. 2. Approve an Independent Contractor Agreement with BKF Engineers for preparation of construction documents for the Highway 9 Safety Improvement Project Phase II and authorize the City Manager to execute the same. 3. Authorize the City Manager to sign a Letter of Understanding with the County of Santa Clara. PDF created with pdfFactory Pro trial version www.pdffactory.com39 6 RESOLUTION NO. 09-070 PAGE/HUNTER MOVED TO 1) ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA, THE TOWN OF LOS GATOS, AND THE CITY OF MONTE SERENO FOR THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE II. 2) APPROVE AN INDEPENDENT CONTRACTOR AGREEMENT WITH BKF ENGINEERS FOR PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE HIGHWAY 9 SAFETY IMROVEMENT PROJECT PHASE II AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. 3) AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF UNDERSTANDING WITH THE COUNTY OF SANTA CLARA. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 14. 2009 LIBRARY HEATING VENTING, AIR CONDITIONING (HVAC) RENOVATION PROJECT – NOTICE OF COMPLETION STAFF RECOMMEDATION: Move to accept the 2009 Library HVAC Renovation Project as complete and authorize staff to record the Notice of Completion for the contract. Councilmember Miller removed this item to thank the staff for completing the HVAC renovation at the Saratoga Library and he invited the public to stop in at the library and sign up for a library card. MILLER/PAGE MOVED TO ACCEPT THE 2009 LIBRARY HVAC RENOVATION PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONTRACT. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 15. RESCIND MOTOR VEHICLE (MV) RESOLUTION NO. MV-190 PROHIBITING PARKING ON A PORTION OF SCULLY AVENUE STAFF RECOMMEDATION: Move to rescind the MV Resolution restricting parking on Scully Avenue. RESOLUTION NO. MV- 285 PAGE/HUNTER MOVED TO RESCIND THE MV RESOLUTION NO. MV-190 RESTRICTING PARKING ON A PORTION OF SCULLY AVENUE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 16. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON OLD WOOD ROAD STAFF RECOMMEDATION: Move to adopt MV Resolution restricting parking on Old Wood Road. PDF created with pdfFactory Pro trial version www.pdffactory.com40 7 RESOLUTION NO. MV-286 PAGE/HUNTER MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON OLD WOOD ROAD. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. PUBLIC HEARINGS 17. PROPOSED ORDINANCE ESTABLISHING THE CITY’S ABILITY TO ISSUE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE SARATOGA CITY CODE. STAFF RECOMMEDATION: Conduct a public hearing regarding the attached ordinance establishing an administrative citation procedure, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. Code Enforcement Specialist Jana Rinaldi presented the staff report. Mayor King opened the public hearing for comment. No one was present to speak on this item. Mayor King closed the public hearing. PAGE/MILLER MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 18. EXTENSION OF URGENCY ORDINANCE FOR MEDICAL MARIJUANA DISPENSARIES STAFF RECOMMEDATION: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending for ten months and 15 days the temporary moratorium on the establishment of MMDs. Community Development Director John Livingstone presented the staff report. Mayor King opened the Public Hearing for comment. No one requested to speak on this item. Mayor King closed the public hearing. ORDINANCE NO. 275A PDF created with pdfFactory Pro trial version www.pdffactory.com41 8 PAGE/HUNTER MOVED TO APPROVE REPORT REGARDING MEASURES TAKEN THUS FAR TO ALLEVIATE THE CONDITION THAT LED TO ADOPTION OF THE NOVEMBER 18, 2009 URGENCY ORDINANCE FOR MEDICAL MARIJUANA DISPENSARIES (MMD’s) AND ADOPT AN ORDINANCE EXTENDING FOR TEN MONTHS AND 15 DAYS THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF MMD’s. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 19. RESOLUTIONS TO JOIN CALIFORNIAFIRST AND AUTHORIZE SACRAMENTO COUNTY TO APPLY FOR AND ACCEPT STATE ENERGY PROGRAM FUNDS ON BEHALF OF THE CITY OF SARATOGA STAFF RECOMMEDATION: Accept report and approve resolutions to join CaliforniaFIRST and authorize Sacramento County to apply for and accept State Energy Program (SEP) funds on behalf of the City of Saratoga. Administrative Analyst II Crystal Morrow presented the staff report. Mayor King opened the Public Hearing for comment. No one requested to speak on this item. Mayor King closed the Public Hearing. Councilmember Page stated he thought this was a good program, however, he didn’t support authorizing the $12,500 dollars at this time and that the City should wait to see if the State Energy Program (SEP) funds are awarded. RESOLUTION NO. 09-071 RESOLUTION NO. 09-072 PAGE/MOVED TO ACCEPT REPORT AND ADOPT RESOLUTIONS TO JOIN CALIFORNIAFIRST AND AUTHORIZE SACRAMENTO COUNTY TO APPLY FOR AND ACCEPT STATE ENERGY PROGRAM (SEP) FUNDS ON BEHALF OF THE CITY OF SARATOGA AND NOT ALLOCATE THE $12,500 FUNDING AT THIS TIME AND WAIT TO SEE IF THE FUNDS HAVE BEEN AWARDED. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. OLD BUSINESS 20. COUNCIL MEMBER TOPICS FOR JANUARY 29, 2010 COUNCIL RETREAT AGENDA STAFF RECOMMEDATION: Accept report and direct staff accordingly. Mayor King invited public comment and no one was present to speak on this item. PDF created with pdfFactory Pro trial version www.pdffactory.com42 9 Mayor King closed the public comment. COUNCIL DIRECTION TO STAFF: Council directed staff to agendize the following topics on the Council Retreat Agenda: o Start off the retreat with discussion about all the successes and accomplishments in the City. o City Budget o Work Plan for Community Development Department with pervious and impervious coverage o Promote City and Develop Community Building o Health and Wellness Programs Ø Non Smoking Regulations Ø Sustainable Environment Ø Vision Statement (as time permits) 21. SANTA CLARA COUNTY CITIES ASSOCIATION POLICY PRIORITIES FOR 2010 STAFF RECOMMEDATION: Accept report, recommend three to five policy priority proposals for the Santa Clara County Cities Association (SCCCA) 2010 policy priorities, and authorize staff to return suggestions to the SCCCA Board of Directors for their January 14, 2010 meeting. Assistant City Manager Barbara Powell presented the staff report. Mayor King invited public comment. No one requested to speak on this item. Mayor King closed the public comment. COUNCIL DIRECTION TO STAFF: The City Council directed staff to provide the following policy priorities to the Santa Clara County Cities Association (SCCCA) to be considered for the SCCCA Policy Priorities for 2010: o State Budget Reform o Ability to represent the entire County regardless of SCCCA Board member’s geographic location (South/North County divide) o Water Issues (conservation & quality) o Public Sector Pension Reform NEW BUSINESS 22. AMENDMENT TO LEASE AGREEMENT WITH HAKONE FOUNDATION STAFF RECOMMEDATION: PDF created with pdfFactory Pro trial version www.pdffactory.com43 10 Approve amendment to lease agreement with Hakone Foundation providing for matching funds of $250,000 towards the cost of constructing a visitor and conference center at Hakone Gardens. City Attorney Richard Taylor presented staff report. Mayor King invited public comment. Lon Saavedra, Executive Director for Hakone Gardens Foundation, addressed the Council regarding the $250,000 matching funds for constructing a visitor and conference center at Hakone Gardens. In addition, he expressed his appreciation for the excellent relationship between the City and Hakone Gardens and for the City’s support. HUNTER/MILLER MOVED TO ACCEPT AND APPROVE AMENDMENT TO LEASE AGREEMENT WITH HAKONE FOUNDATION, WHICH WOULD EXPIRE AT THE END OF 2013, AND PROVIDING FOR MATCHING FUNDS OF $250,000 TOWARDS THE COST OF CONSTRUCTING A VISITOR AND CONFERENCE CENTER AT HAKONE GARDENS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 23. CITY COUNCIL MAYORAL ROTATION POLICY STAFF RECOMMEDATION: Accept report and direct staff accordingly. City Clerk Ann Sullivan presented the staff report. Mayor King invited public comment. No one requested to speak on this item. Mayor King closed the public comment. There was Council discussion and Councilmembers Page and Miller noted the City of Saratoga has traditionally been following a mayoral rotation practice very similar to the City of Del Mar. Councilmembers Page, Miller and Mayor King supported having a Council Policy in place that determines the annual mayoral rotation such as the policy of the City of Del Mar. Vice Mayor Hunter did not support creating a mayoral rotation policy. PAGE/KING MOVED TO DIRECT STAFF TO CREATE A MAYORAL ROTATION COUNCIL POLICY FOR THE COUNCIL POLICIES AND PROCEDURES THAT IS AKIN TO THE CITY OF DEL MAR’S POLICY. MOTION PASSED 3-1-1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL ABSENT. PDF created with pdfFactory Pro trial version www.pdffactory.com44 11 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King – reported: City School Ad-Hoc – Saratoga-Los Gatos Union High School District Superintendent Cary Matsuoka suggested setting up a meeting with the Saratoga Council Members regarding POP Warner, West Valley College and other items. Vice Mayor Jill Hunter – had nothing to report. Councilmember Howard Miller – reported: Chamber of Commerce – he, along with other councilmembers, attended the recent ribbon cutting ceremony. KSAR – is looking at pursuing another grant for their internship program; they are considering purchasing a new editing station, and building on their relationship with the Junior College Media Arts programs. KSAR is focusing more on educational and community programs. Council Finance Standing Committee – he attended the last meeting and noted they did some preparation for the upcoming Council Retreat. He added the City has incorporated a financial plan to help get through the areas where there is a revenue shortfall. He attended first VTA PAC meeting; VTA is heavily funded by sales tax and their numbers are down 27% and 21% in the last two quarters; delaying capital purchases and are not filling vacant positions. He noted the BART extension is showing new signs of life with federal funding and if everything goes well, citizens can board a BART train in Berryessa in 2018. Councilmember Susie Nagpal – absent. Councilmember Chuck Page – reported: Valley Transportation Authority PAC – he participated in his first VTA Board meeting and stated there are numerous budget issues. VTA is looking at ways to maintain a certain level of service even in a down economy. West Valley Sanitation District – he attended the recent Board meeting and stated they are researching phosphorous-based fertilizer, which would be beneficial to the soil. He added the sanitation plant is in need of remodeling in order to bring it up to more current standards; more updates from the waste treatment plant regarding the needs of our county, which will become one of the largest capital investments in Santa Clara County. CITY COUNCIL ITEMS Councilmember Miller noted KSAR would like to do a short presentation at a future Council meeting regarding the accomplishments of the Student Intern Program. Mayor King noted she would agendize this item for a February Council meeting. Councilmember Miller noted he will be unavailable the week after Christmas. CITY MANAGER’S REPORT Dave Anderson reported he will be available during the holiday furlough and City Attorney Richard Taylor noted he would also be available. PDF created with pdfFactory Pro trial version www.pdffactory.com45 12 ADJOURNMENT There being no additional business, Mayor King asked for a motion to adjourn. PAGE/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:20PM. MOTION PASSED 4-1-0 WITH NAGPAL ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com46 Dave Anderson Melanie Whittaker 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. 12/10/09 113956 113999 43 418,614.66 12/10/09 12/04/09 113955 12/17/09 114000 114070 70 210,319.63 12/17/09 12/10/09 113999 12/24/09 0 0 0 0.00 (None) 12/31/09 0 0 0 0.00 (None) 01/07/10 114071 114124 53 125,032.92 01/07/10 12/17/09 114070 AP Date Check No. Issued to Dept.Amount 12/10/09 113985 Public Safety 344,573.67 12/17/09 114012 Public Safety 28,352.08 12/17/09 114018 Public Works 38,866.00 12/17/09 114048 Public Works 21,000.00 12/17/09 114055 Various 25,548.01 01/07/10 114084 Public Works 20,500.00 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 12/10/09 113643 (4,360.00) 12/17/09 113916 (100.00) PREPARED BY:DEPT. DIRECTOR: Type of Checks Date Starting Check No. Ending Check No. Total Checks Amount Checks Released December 10, 2009 December 17, 2009 January 7, 2010 SARATOGA CITY COUNCIL MEETING DATE:January 20, 2010 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Prior Check Register The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: Office of the Sheriff General Law Enforcement 12/09 Fund Purpose Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Loral Landscaping Void - Reissued Issued to Description City of San Jose General Animal svc 10/09 & 11/09 LCC Void - Reissued Duran & Venables CIP - Streets Project 4th St. & Cox Ave roadwork PG&E CMF / PPC Grant Fund - CIP Streets De Anza trail easement Shute Mihaly Various Monthly legal svc Duran & Venables CIP - Streets Project Emergency road repair 47 The following is a list of cash reduction by fund: Fund #AP 12/10 AP 12/17 AP 01/07 Total 111 General 393,006.34 107,952.73 64,329.87 565,288.94 231 Village Lighting 1,975.97 1,975.97 232 Azule Lighting 185.20 185.20 233 Sarahills Lighting 209.28 209.28 241 Arroyo de Saratoga Landscape 85.00 87.17 172.17 242 Bonnet Way Landscape 135.00 136.01 271.01 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 31.51 181.51 245 Fredericksburg Landscape 132.00 31.51 163.51 246 Greenbriar Landscape 406.00 9,287.74 9,693.74 247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 54.74 139.74 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 180.00 210.81 18.34 409.15 252 Prides Crossing Landscape 448.00 166.39 28.66 643.05 253 Saratoga Legends Landscape 158.00 158.00 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape 45.00 156.41 8.57 209.98 271 Beauchamps Landscape 85.00 35.71 120.71 272 Bellgrove Landscape 5,535.50 1,273.04 203.51 7,012.05 273 Gateway Landscape 203.00 236.19 439.19 274 Horseshoe Landscape/Lighting 9.76 9.76 275 Quito Lighting 165.00 889.47 1,054.47 276 Tollgate LLD 1,755.60 737.44 2,493.04 411 CIP Street Projects 946.69 60,697.48 23,084.17 84,728.34 412 CIP Parks Projects 0.50 0.50 413 CIP Facility Projects 6,772.90 612.65 7,385.55 421 Tree Fine Fund 2,406.79 2,545.00 4,951.79 431 Grant Fund - CIP Streets 21,000.00 21,000.00 611 Liability/Risk Mgt 686.83 686.83 612 Workers' Comp 910.50 910.50 621 Office Stores Fund 452.95 161.14 654.94 1,269.03 622 Information Technology 511.77 6,354.77 6,866.54 623 Vehicle & Equipment Maint 2,799.62 34.92 2,558.34 5,392.88 624 Building Maintenance 1,852.27 6,692.24 3,560.40 12,104.91 631 6,214.40 6,214.40 632 147.49 147.49 712 10,668.98 10,668.98 418,614.66 210,319.63 125,032.92 753,967.21 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement KSAR Trust Fund 48 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 1 / 1 3 / 2 0 1 0 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 0 : 3 3 : 1 8 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 h e c k _ n o b e t w e e n ’ 1 1 3 9 5 6 ’ a n d ’ 1 1 3 9 9 9 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 3 9 5 6 1 2 / 1 0 / 0 9 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 S U P P L I E S - P A R K S 0 . 0 0 9 1 . 5 5 11 1 1 1 1 1 3 9 5 7 1 2 / 1 0 / 0 9 3 0 3 B A Y A R E A F L O O R M A C H I N E C 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 3 1 . 9 5 11 1 1 1 1 1 3 9 5 8 1 2 / 1 0 / 0 9 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 1 1 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 9 5 9 1 2 / 1 0 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R E P A I R S - T H E A T E R 0 . 0 0 2 1 0 . 0 0 11 1 1 1 1 1 3 9 6 0 1 2 / 1 0 / 0 9 6 4 3 C M R T A 1 1 1 3 1 0 1 A N N U A L D U E S - A N N X 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 3 9 6 0 1 2 / 1 0 / 0 9 6 4 3 C M R T A 1 1 1 3 1 0 1 A N N U A L D U E S - J U L I E I 0 . 0 0 2 5 . 0 0 TO T A L C H E C K 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 3 9 6 1 1 2 / 1 0 / 0 9 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 1 , 5 5 1 . 5 1 11 1 1 1 1 1 3 9 6 2 1 2 / 1 0 / 0 9 7 7 2 C O M F O R T C O N S T R U C T I O N C O M 6 2 4 6 2 0 2 H V A C - L A V A T O R Y 0 . 0 0 1 , 5 0 0 . 0 0 11 1 1 1 1 1 3 9 6 3 1 2 / 1 0 / 0 9 3 2 0 C Y G A N Y I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 4 2 4 . 0 0 11 1 1 1 1 1 3 9 6 4 1 2 / 1 0 / 0 9 5 0 0 D A N S T R O M , C H R I S T O P H E R 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 9 6 5 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 1 0 9 . 2 5 11 1 1 1 1 1 3 9 6 6 1 2 / 1 0 / 0 9 2 6 0 D E P A R T M E N T O F P E S T I C I D E 1 1 1 5 3 0 1 L I C E N S E R E N E W A L - R O G E R 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 9 6 7 1 2 / 1 0 / 0 9 8 0 0 D I A N A S C H L O T T 1 1 1 2 1 0 1 T R A I N I N G - 1 1 / 0 9 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 3 9 6 8 1 2 / 1 0 / 0 9 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 2 0 1 W E E D C N T R L - F R U I T V A L E . 0 . 0 0 4 , 5 0 0 . 0 0 11 1 1 1 1 1 3 9 6 9 1 2 / 1 0 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 P O R T A P O T T Y R T L 1 1 / 0 9 0 . 0 0 3 0 5 . 9 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 1 1 1 5 3 0 1 M E D I A N S 1 1 / 0 9 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 1 5 3 0 2 A R R O Y O 1 1 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 4 5 3 0 2 C U N N I N G H A M 1 1 / 0 9 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 5 5 3 0 2 F R E D R I C K S B U R G 1 1 / 0 9 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 6 5 3 0 2 G R E E N B R I A R 1 1 / 0 9 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 6 5 3 0 2 S E A G U L L 1 1 / 0 9 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 8 5 3 0 2 L E U T A R C T 1 1 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 9 5 3 0 2 M A N O R D R 1 1 / 0 9 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 7 1 5 3 0 2 B E A U C H A M P S 1 1 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 7 5 5 3 0 2 Q U I T O P A S E O 1 1 / 0 9 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 7 5 5 3 0 2 Q U I T O M A R T H A 1 1 / 0 9 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 7 6 5 3 0 2 T O L L G A T E 1 1 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 4 2 5 3 0 2 B O N N E T W A Y 1 1 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 1 1 / 0 9 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 3 9 7 0 1 2 / 1 0 / 0 9 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 2 5 5 5 3 0 2 T R I C I A W O O D S 1 1 / 0 9 0 . 0 0 4 5 . 0 0 TO T A L C H E C K 0 . 0 0 6 , 3 1 3 . 0 0 11 1 1 1 1 1 3 9 7 1 1 2 / 1 0 / 0 9 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 3 7 . 1 9 11 1 1 1 1 1 3 9 7 2 1 2 / 1 0 / 0 9 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 4 1 3 9 3 5 1 - 0 0 2 N O R T H C A M P U S S O D 0 . 0 0 4 , 3 2 8 . 2 7 11 1 1 1 1 1 3 9 7 2 1 2 / 1 0 / 0 9 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 4 1 3 9 3 5 1 - 0 0 2 N O R T H C A M P U S S O D 0 . 0 0 1 , 2 8 2 . 1 6 TO T A L C H E C K 0 . 0 0 5 , 6 1 0 . 4 3 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 : 2 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 3 : 1 8 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 h e c k _ n o b e t w e e n ’ 1 1 3 9 5 6 ’ a n d ’ 1 1 3 9 9 9 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 3 9 7 3 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 4 0 8 . 5 0 11 1 1 1 1 1 3 9 7 4 1 2 / 1 0 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 2 1 9 2 1 1 - 0 0 2 B U B B L E R - W H H 0 . 0 0 9 6 . 7 9 11 1 1 1 1 1 3 9 7 4 1 2 / 1 0 / 0 9 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 E P A I R S - B E A U C H A M P S 0 . 0 0 4 2 2 . 8 9 11 1 1 1 1 1 3 9 7 4 1 2 / 1 0 / 0 9 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 E P A I R S - R A V E N W O O D 0 . 0 0 1 2 2 . 0 3 TO T A L C H E C K 0 . 0 0 6 4 1 . 7 1 11 1 1 1 1 1 3 9 7 5 1 2 / 1 0 / 0 9 7 9 9 I A A P 1 1 1 2 1 0 1 A N N U A L D U E S - D E B B I E 0 . 0 0 9 8 . 0 0 11 1 1 1 1 1 3 9 7 6 1 2 / 1 0 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 4 2 1 9 2 1 1 - 0 0 2 O A K D E B R I S - H A K O N E 0 . 0 0 1 , 3 2 0 . 0 0 11 1 1 1 1 1 3 9 7 6 1 2 / 1 0 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 4 2 1 9 2 1 1 - 0 0 2 R E M O V E S T U M P S - C O X 0 . 0 0 9 9 0 . 0 0 11 1 1 1 1 1 3 9 7 6 1 2 / 1 0 / 0 9 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 T R E E M A I N T - P R O S P E C T 0 . 0 0 3 , 9 2 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 , 2 3 0 . 0 0 11 1 1 1 1 1 3 9 7 7 1 2 / 1 0 / 0 9 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 1 4 6 . 2 5 11 1 1 1 1 1 3 9 7 7 1 2 / 1 0 / 0 9 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 0 4 . 7 5 11 1 1 1 1 1 3 9 7 7 1 2 / 1 0 / 0 9 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 4 0 9 . 5 0 11 1 1 1 1 1 3 9 7 7 1 2 / 1 0 / 0 9 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 3 4 . 0 0 TO T A L C H E C K 0 . 0 0 9 9 4 . 5 0 11 1 1 1 1 1 3 9 7 8 1 2 / 1 0 / 0 9 1 2 7 K E L L Y M O O R E P A I N T C O M P A N 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 1 0 . 3 2 11 1 1 1 1 1 3 9 7 9 1 2 / 1 0 / 0 9 1 9 2 L I , C H R I S T I N E K A I S E R 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 6 2 . 4 0 11 1 1 1 1 1 3 9 7 9 1 2 / 1 0 / 0 9 1 9 2 L I , C H R I S T I N E K A I S E R 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 5 3 . 4 0 11 1 1 1 1 1 3 9 7 9 1 2 / 1 0 / 0 9 1 9 2 L I , C H R I S T I N E K A I S E R 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 4 5 3 . 6 0 TO T A L C H E C K 0 . 0 0 5 6 9 . 4 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 N C H 1 0 / 0 9 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 1 , 5 9 8 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 K 1 0 / 0 9 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 N C A M P U S 1 0 / 0 9 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 3 9 8 0 1 2 / 1 0 / 0 9 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 1 0 / 0 9 0 . 0 0 2 0 3 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 1 6 0 . 0 0 11 1 1 1 1 1 3 9 8 1 1 2 / 1 0 / 0 9 3 3 S K Y T E R R A 1 1 1 7 1 0 2 M T H L Y S V C 1 2 / 0 9 0 . 0 0 7 3 . 2 2 11 1 1 1 1 1 3 9 8 2 1 2 / 1 0 / 0 9 7 9 M U N I S E R V I C E S L L C 1 1 1 3 1 0 1 B U S L I C S V C 1 1 / 2 4 / 0 9 0 . 0 0 7 , 0 7 4 . 1 1 11 1 1 1 1 1 3 9 8 3 1 2 / 1 0 / 0 9 8 9 M Y F I R S T A R T C L A S S 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 1 4 8 . 5 0 11 1 1 1 1 1 3 9 8 4 1 2 / 1 0 / 0 9 1 2 6 N O R D - A G R A R I N T E R N A T I O N A L 4 1 1 9 1 1 1 - 0 0 1 S T R E E T M A T E R I A L S 0 . 0 0 9 4 6 . 6 9 11 1 1 1 1 1 3 9 8 5 1 2 / 1 0 / 0 9 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W S V C 1 2 / 0 9 0 . 0 0 3 4 4 , 5 7 3 . 6 7 11 1 1 1 1 1 3 9 8 6 1 2 / 1 0 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 8 . 0 5 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 : 3 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 3 : 1 8 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 h e c k _ n o b e t w e e n ’ 1 1 3 9 5 6 ’ a n d ’ 1 1 3 9 9 9 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 3 9 8 6 1 2 / 1 0 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 5 . 8 1 11 1 1 1 1 1 3 9 8 6 1 2 / 1 0 / 0 9 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 C O P Y P A P E R 0 . 0 0 4 5 2 . 9 5 TO T A L C H E C K 0 . 0 0 4 8 6 . 8 1 11 1 1 1 1 1 3 9 8 7 1 2 / 1 0 / 0 9 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 7 5 . 4 6 11 1 1 1 1 1 3 9 8 7 1 2 / 1 0 / 0 9 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 9 9 . 3 8 11 1 1 1 1 1 3 9 8 7 1 2 / 1 0 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 4 1 3 9 3 5 1 - 0 0 2 L I G H T I N G - N C A M P U S 0 . 0 0 1 , 1 6 2 . 4 7 TO T A L C H E C K 0 . 0 0 1 , 9 3 7 . 3 1 11 1 1 1 1 1 3 9 8 8 1 2 / 1 0 / 0 9 1 9 5 P A P A 1 1 1 5 3 0 1 2 0 1 0 D U E S - S J U A R E Z 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 3 9 8 9 1 2 / 1 0 / 0 9 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 6 2 0 1 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 4 1 . 1 6 11 1 1 1 1 1 3 9 9 0 1 2 / 1 0 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 5 3 0 1 P L A N S - G A R D I N E R 0 . 0 0 1 6 . 9 7 11 1 1 1 1 1 3 9 9 1 1 2 / 1 0 / 0 9 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 1 1 0 1 R E I M B U R S E - C U P F E E S 0 . 0 0 3 , 5 5 0 . 0 0 11 1 1 1 1 1 3 9 9 2 1 2 / 1 0 / 0 9 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 8 . 0 0 11 1 1 1 1 1 3 9 9 3 1 2 / 1 0 / 0 9 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 T E N A N C E V H E # 1 0 1 0 . 0 0 2 7 6 . 2 4 11 1 1 1 1 1 3 9 9 3 1 2 / 1 0 / 0 9 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 6 0 . 0 0 8 6 . 0 8 11 1 1 1 1 1 3 9 9 3 1 2 / 1 0 / 0 9 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 8 0 . 0 0 6 6 . 0 8 TO T A L C H E C K 0 . 0 0 4 2 8 . 4 0 11 1 1 1 1 1 3 9 9 4 1 2 / 1 0 / 0 9 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 2 7 6 5 3 0 2 R E P A I R S - T O L L R D 0 . 0 0 1 , 6 6 5 . 6 0 11 1 1 1 1 1 3 9 9 5 1 2 / 1 0 / 0 9 7 2 6 T R E E S 3 6 0 D E G R E E S 2 7 2 5 3 0 2 T R E E M A I N T - B E L L G R O V E 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 9 9 5 1 2 / 1 0 / 0 9 7 2 6 T R E E S 3 6 0 D E G R E E S 2 7 2 5 3 0 2 T R E E M A I N T - B E L L G R O V E 0 . 0 0 3 , 7 8 7 . 5 0 11 1 1 1 1 1 3 9 9 5 1 2 / 1 0 / 0 9 7 2 6 T R E E S 3 6 0 D E G R E E S 1 1 1 5 3 0 1 P R U N I N G - K M O R A N 0 . 0 0 5 , 8 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 9 , 7 3 7 . 5 0 11 1 1 1 1 1 3 9 9 6 1 2 / 1 0 / 0 9 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 1 1 / 0 9 0 . 0 0 7 4 2 . 9 2 11 1 1 1 1 1 3 9 9 6 1 2 / 1 0 / 0 9 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 1 1 / 0 9 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 3 9 9 7 1 2 / 1 0 / 0 9 4 2 5 W E S C O G R A P H I C S , I N C 1 1 1 6 1 0 1 R E C B R O C H U R E 2 0 1 0 0 . 0 0 3 , 8 0 7 . 8 8 11 1 1 1 1 1 3 9 9 8 1 2 / 1 0 / 0 9 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 2 3 0 . 0 0 8 1 9 . 7 1 11 1 1 1 1 1 3 9 9 9 1 2 / 1 0 / 0 9 5 0 0 W O N G , S U S A N 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 4 1 8 , 6 1 4 . 6 6 TO T A L F U N D 0 . 0 0 4 1 8 , 6 1 4 . 6 6 TO T A L R E P O R T 0 . 0 0 4 1 8 , 6 1 4 . 6 6 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 : 1 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 0 0 1 2 / 1 7 / 0 9 5 8 1 $ 1 5 S E W E R S E R V I C E 6 2 4 6 2 0 2 R E P A I R S - S E W E R S 0 . 0 0 8 6 . 5 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M N T H L Y C H A R G E S 0 . 0 0 1 7 8 . 0 7 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 A L A R M S Y S T E M 0 . 0 0 8 6 . 2 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S R C E N T E R A L A R M 0 . 0 0 3 0 . 4 6 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y R E S P O N S E 0 . 0 0 2 0 4 . 4 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 N O R T H C A M P U S 0 . 0 0 7 2 . 3 4 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C O R P Y D E R L I N E 1 0 / 0 9 0 . 0 0 5 1 . 3 7 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C O R P Y D E R L I N E 1 1 / 0 9 0 . 0 0 4 2 . 4 8 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y P H O N E M O D E M 0 . 0 0 1 5 . 3 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 X E R O X M A C H I N E 0 . 0 0 1 4 . 3 1 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M E A S U R E D B U S L I N E 0 . 0 0 3 8 . 6 9 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 B O O K - G O - R O U N D 0 . 0 0 2 9 . 9 3 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y L I N E 0 . 0 0 1 5 . 6 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M P E M E R G E N C Y L I N E 0 . 0 0 1 4 . 3 1 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 A M 1 6 1 0 R A D I O 0 . 0 0 1 5 . 6 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 G A T E W A Y 0 . 0 0 1 5 . 3 0 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 P A R K P H O N E L I N E 1 0 / 0 9 0 . 0 0 4 8 . 4 7 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 P A R K P H O N E L I N E 1 1 / 0 9 0 . 0 0 1 6 . 1 2 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C S P R I N G S P A R K 1 0 / 0 9 0 . 0 0 3 0 . 8 7 11 1 1 1 1 1 4 0 0 1 1 2 / 1 7 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C S P R I N G S P A R K 1 1 / 0 9 0 . 0 0 3 0 . 9 1 TO T A L C H E C K 0 . 0 0 9 5 0 . 7 3 11 1 1 1 1 1 4 0 0 2 1 2 / 1 7 / 0 9 2 7 A B A G P L A N C O R P O R A T I O N 6 1 1 8 4 0 1 C L A I M # G L 0 6 0 6 9 6 0 . 0 0 4 8 6 . 8 5 11 1 1 1 1 1 4 0 0 3 1 2 / 1 7 / 0 9 5 4 6 A B A G P O W E R P U R C H A S I N G 6 2 4 6 2 0 2 M T H L Y G A S S V C 1 1 / 0 9 0 . 0 0 1 , 2 0 0 . 3 5 11 1 1 1 1 1 4 0 0 4 1 2 / 1 7 / 0 9 3 5 A C C E N T G R A P H I C S 1 1 1 2 1 0 1 D E S K P L A T E - S U L L I V A N 0 . 0 0 2 5 . 8 5 11 1 1 1 1 1 4 0 0 4 1 2 / 1 7 / 0 9 3 5 A C C E N T G R A P H I C S 1 1 1 2 1 0 1 N A M E T A G - D E B B I E B 0 . 0 0 3 6 . 7 6 11 1 1 1 1 1 4 0 0 4 1 2 / 1 7 / 0 9 3 5 A C C E N T G R A P H I C S 1 1 1 1 1 0 1 N A M E T A G S - H U N T E R 0 . 0 0 1 0 7 . 7 6 11 1 1 1 1 1 4 0 0 4 1 2 / 1 7 / 0 9 3 5 A C C E N T G R A P H I C S 1 1 1 1 1 0 1 N A M E T A G S - K I N G 0 . 0 0 1 0 7 . 7 6 TO T A L C H E C K 0 . 0 0 2 7 8 . 1 3 11 1 1 1 1 1 4 0 0 5 1 2 / 1 7 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 2 2 3 . 5 9 11 1 1 1 1 1 4 0 0 5 1 2 / 1 7 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 5 2 6 . 6 9 TO T A L C H E C K 0 . 0 0 7 5 0 . 2 8 11 1 1 1 1 1 4 0 0 6 1 2 / 1 7 / 0 9 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 1 2 / 0 9 0 . 0 0 1 3 1 . 0 7 11 1 1 1 1 1 4 0 0 7 1 2 / 1 7 / 0 9 5 0 0 B A C O N , E R I N 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 4 0 0 8 1 2 / 1 7 / 0 9 2 5 7 B A N D A , M A S A N K H O 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 2 . 0 0 11 1 1 1 1 1 4 0 0 9 1 2 / 1 7 / 0 9 5 0 0 C H A V A R I N , M A R I A N A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 4 0 1 0 1 2 / 1 7 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C S E R V I C E 0 . 0 0 1 6 5 . 0 0 11 1 1 1 1 1 4 0 1 1 1 2 / 1 7 / 0 9 6 2 3 C I T Y C L E R K S A S S O C O F C A L 1 1 1 2 2 0 1 M B R D U E S - S U L L I V A N 0 . 0 0 1 4 5 . 0 0 11 1 1 1 1 1 4 0 1 2 1 2 / 1 7 / 0 9 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 V C 1 0 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 4 0 1 2 1 2 / 1 7 / 0 9 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 V C 1 1 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 TO T A L C H E C K 0 . 0 0 2 8 , 3 5 2 . 0 8 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 : 2 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 1 3 1 2 / 1 7 / 0 9 2 1 4 C I T Y O F S A R A T O G A 1 1 1 1 1 0 1 1 / 2 F A C I L I T Y R N T L 2 / 6 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 4 0 1 4 1 2 / 1 7 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 1 1 0 1 1 / 2 F A C I L I T Y R N T L 5 / 1 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 4 0 1 4 1 2 / 1 7 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 1 1 0 1 1 / 2 F A C I L I T Y R N T L 0 . 0 0 2 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 4 0 1 5 1 2 / 1 7 / 0 9 5 0 0 C L A B E A U X , E L A I N E 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 4 0 1 6 1 2 / 1 7 / 0 9 2 6 5 C O W L E S , P A T 1 1 1 2 3 0 1 E M P L O Y E E L U N C H E O N 0 . 0 0 3 5 . 9 9 11 1 1 1 1 1 4 0 1 6 1 2 / 1 7 / 0 9 2 6 5 C O W L E S , P A T 1 1 1 2 3 0 1 A N N U A L E M P L O Y E E L U N C H 0 . 0 0 4 8 . 8 8 TO T A L C H E C K 0 . 0 0 8 4 . 8 7 11 1 1 1 1 1 4 0 1 7 1 2 / 1 7 / 0 9 6 2 0 D R A K E W E L D I N G I N C 1 1 1 5 3 0 1 R E P A I R S - C S P R I N G S 0 . 0 0 1 2 0 . 8 4 11 1 1 1 1 1 4 0 1 8 1 2 / 1 7 / 0 9 3 5 5 D U R A N & V E N A B L E S , I N C . 1 1 1 8 1 0 1 P A T H W A Y - N C A M P U S 0 . 0 0 7 , 2 0 0 . 0 0 11 1 1 1 1 1 4 0 1 8 1 2 / 1 7 / 0 9 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 1 1 - 0 0 1 4 T H S T R E E T R O A D W A Y 0 . 0 0 2 5 , 0 0 0 . 0 0 11 1 1 1 1 1 4 0 1 8 1 2 / 1 7 / 0 9 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 2 1 - 0 0 1 S P E E D B U M P - C O X A V E 0 . 0 0 6 , 6 6 6 . 0 0 TO T A L C H E C K 0 . 0 0 3 8 , 8 6 6 . 0 0 11 1 1 1 1 1 4 0 1 9 1 2 / 1 7 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 F A C I L I T Y S U P P L I E S 0 . 0 0 2 6 7 . 3 7 11 1 1 1 1 1 4 0 1 9 1 2 / 1 7 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 C R E D I T - S U P P L I E S 0 . 0 0 - 4 . 8 9 TO T A L C H E C K 0 . 0 0 2 6 2 . 4 8 11 1 1 1 1 1 4 0 2 0 1 2 / 1 7 / 0 9 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 S A F E T Y C I P 0 . 0 0 6 , 8 8 8 . 0 0 11 1 1 1 1 1 4 0 2 1 1 2 / 1 7 / 0 9 5 0 0 G I L B E R T , H S I A O - Y U N G F A M I 1 1 1 D O C S T O R A G E F E E 0 . 0 0 1 . 5 0 11 1 1 1 1 1 4 0 2 1 1 2 / 1 7 / 0 9 5 0 0 G I L B E R T , H S I A O - Y U N G F A M I 1 1 1 S U P P L E M E N T A L L I C E N S E 0 . 0 0 1 1 . 7 0 11 1 1 1 1 1 4 0 2 1 1 2 / 1 7 / 0 9 5 0 0 G I L B E R T , H S I A O - Y U N G F A M I 1 1 1 E L E C T R I C A L P E R M I T 0 . 0 0 7 8 . 0 0 TO T A L C H E C K 0 . 0 0 9 1 . 2 0 11 1 1 1 1 1 4 0 2 2 1 2 / 1 7 / 0 9 4 6 1 G O V E R N M E N T F I N A N C E O F F I C 1 1 1 3 1 0 1 C A F R F E E S F Y 0 9 0 . 0 0 4 3 5 . 0 0 11 1 1 1 1 1 4 0 2 3 1 2 / 1 7 / 0 9 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 1 1 5 % R E T E N T I O N P A Y A B L E 0 . 0 0 1 3 , 5 9 9 . 4 9 11 1 1 1 1 1 4 0 2 4 1 2 / 1 7 / 0 9 5 0 0 G U S T A V S O N , P H Y L L I S 6 1 1 8 4 0 1 A U T O D A M A G E C L A I M 0 . 0 0 1 9 9 . 9 8 11 1 1 1 1 1 4 0 2 5 1 2 / 1 7 / 0 9 4 8 1 H E I N D E L , J O H N H 1 1 1 5 1 0 1 0 9 / 1 0 E N G S V C # 8 3 0 6 0 . 0 0 9 , 2 6 9 . 8 0 11 1 1 1 1 1 4 0 2 6 1 2 / 1 7 / 0 9 4 8 2 H E N I G , A D A M D 1 1 1 6 1 0 1 A D D I T I O N A L P O S T A G E 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 4 0 2 7 1 2 / 1 7 / 0 9 5 0 0 H O , P R I S C I L L A A N D J E F F E R 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 7 2 4 . 8 3 11 1 1 1 1 1 4 0 2 8 1 2 / 1 7 / 0 9 4 8 7 H O L L O W A Y , G A R Y L 1 1 1 6 1 0 1 S F T O U R G U I D E 1 2 / 1 6 0 . 0 0 2 3 0 . 0 0 11 1 1 1 1 1 4 0 2 9 1 2 / 1 7 / 0 9 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 1 1 / 0 9 0 . 0 0 8 8 3 . 5 0 11 1 1 1 1 1 4 0 3 0 1 2 / 1 7 / 0 9 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 5 8 . 5 0 11 1 1 1 1 1 4 0 3 1 1 2 / 1 7 / 0 9 8 0 4 L A U R E N K G R A V E S 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 0 8 . 0 0 11 1 1 1 1 1 4 0 3 2 1 2 / 1 7 / 0 9 1 7 8 L C C P E N I N S U L A D I V I S I O N 1 1 1 2 1 0 1 A N N U A L D U E S - D E B B I E 0 . 0 0 1 0 0 . 0 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 : 3 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 3 3 1 2 / 1 7 / 0 9 5 0 0 L E V I N , Y U L I A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 1 0 . 0 0 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 4 1 0 2 G E N P L A N M A I N T E N A N C E 0 . 0 0 4 1 . 9 0 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 8 1 0 1 S U P P L E M E N T A L L I C E N S E 0 . 0 0 4 5 . 8 3 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 4 2 0 1 S M I P R E S I D E N T I A L 0 . 0 0 1 . 4 7 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 4 2 0 1 D O C S T O R A G E F E E 0 . 0 0 1 . 5 0 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 4 2 0 1 B U I L D I N G P E R M I T F E E 0 . 0 0 3 0 5 . 5 0 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 1 1 1 4 2 0 1 C B S C F E E 0 . 0 0 1 . 0 0 11 1 1 1 1 1 4 0 3 4 1 2 / 1 7 / 0 9 5 0 0 L O S G A T O S R O O F I N G 4 1 1 9 1 1 1 - 0 0 1 R O A D I M P A C T F E E 0 . 0 0 1 1 3 . 1 9 TO T A L C H E C K 0 . 0 0 5 1 0 . 3 9 11 1 1 1 1 1 4 0 3 5 1 2 / 1 7 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 R E V I E W A P P E N V - 0 8 - 0 0 1 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 4 0 3 5 1 2 / 1 7 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 R E V I E W A P P E N V - 0 8 - 0 0 1 0 . 0 0 4 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 9 7 5 . 0 0 11 1 1 1 1 1 4 0 3 6 1 2 / 1 7 / 0 9 8 0 6 M T C 4 1 1 9 1 1 1 - 0 0 1 P - T A P C O N T R I B U T I O N 0 . 0 0 8 , 4 0 0 . 0 0 11 1 1 1 1 1 4 0 3 7 1 2 / 1 7 / 0 9 1 1 5 N C C C A 1 1 1 2 2 0 1 T R A I N I N G 1 / 2 9 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 4 0 3 8 1 2 / 1 7 / 0 9 7 3 1 N E O P O S T , I N C 6 2 1 3 1 0 2 I N K / L A B E L S - P O S T A G E 0 . 0 0 1 6 1 . 1 4 11 1 1 1 1 1 4 0 3 9 1 2 / 1 7 / 0 9 7 4 6 N E W C A N A A N L A N D S C A P I N G I 2 4 6 5 3 0 2 R E P A I R S - G R E E N B R I A R 0 . 0 0 9 , 1 2 0 . 0 0 11 1 1 1 1 1 4 0 4 0 1 2 / 1 7 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W E E K L Y S V C 1 1 / 2 2 - 3 0 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 4 0 4 0 1 2 / 1 7 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 1 2 / 6 - 1 2 / 1 2 0 . 0 0 1 5 2 . 0 0 11 1 1 1 1 1 4 0 4 0 1 2 / 1 7 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 1 2 / 0 1 - 1 2 / 0 5 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 4 0 4 0 1 2 / 1 7 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 1 1 / 1 5 - 1 1 / 2 1 0 . 0 0 2 2 8 . 0 0 TO T A L C H E C K 0 . 0 0 9 8 8 . 0 0 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 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 6 2 . 7 6 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 3 . 8 9 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 4 . 4 0 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 . 6 2 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 . 4 0 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 8 . 0 2 11 1 1 1 1 1 4 0 4 1 1 2 / 1 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 7 4 . 7 0 TO T A L C H E C K 0 . 0 0 3 6 0 . 7 9 11 1 1 1 1 1 4 0 4 2 1 2 / 1 7 / 0 9 1 5 6 O K I N , Y E L E N A 1 1 1 6 1 0 1 I N S T R U C T O R - B E A D I N G 0 . 0 0 3 9 . 0 0 11 1 1 1 1 1 4 0 4 3 1 2 / 1 7 / 0 9 6 0 O N T R A C 1 1 1 2 1 0 1 S H I P - W I T T W E R 1 1 / 1 2 0 . 0 0 7 . 0 0 11 1 1 1 1 1 4 0 4 4 1 2 / 1 7 / 0 9 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 S T A L L - P I S A N I 0 . 0 0 4 8 4 . 0 0 11 1 1 1 1 1 4 0 4 5 1 2 / 1 7 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 L I B R A R Y - O R C H A R D 0 . 0 0 1 , 4 1 0 . 5 6 11 1 1 1 1 1 4 0 4 6 1 2 / 1 7 / 0 9 8 0 3 P A C I F I C V I D E O R E P A I R 1 1 1 8 1 0 1 V H S C O N V E R S I O N 0 . 0 0 3 9 . 4 5 11 1 1 1 1 1 4 0 4 6 1 2 / 1 7 / 0 9 8 0 3 P A C I F I C V I D E O R E P A I R 1 1 1 8 1 0 1 V H S C O N V E R S I O N 0 . 0 0 3 9 . 4 5 11 1 1 1 1 1 4 0 4 6 1 2 / 1 7 / 0 9 8 0 3 P A C I F I C V I D E O R E P A I R 1 1 1 8 1 0 1 V H S C O N V E R S I O N 0 . 0 0 3 9 . 4 5 11 1 1 1 1 1 4 0 4 6 1 2 / 1 7 / 0 9 8 0 3 P A C I F I C V I D E O R E P A I R 1 1 1 8 1 0 1 V H S C O N V E R S I O N 0 . 0 0 3 9 . 4 5 11 1 1 1 1 1 4 0 4 6 1 2 / 1 7 / 0 9 8 0 3 P A C I F I C V I D E O R E P A I R 1 1 1 8 1 0 1 V H S C O N V E R S I O N 0 . 0 0 3 9 . 4 5 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 : 4 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 1 9 7 . 2 5 11 1 1 1 1 1 4 0 4 7 1 2 / 1 7 / 0 9 5 0 0 P A U L I N E W O N G C / O 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 4 0 4 8 1 2 / 1 7 / 0 9 1 7 3 P G & E C M F / P P C D E P A R T M E N T 4 3 1 9 2 7 4 - 0 0 1 D E A N Z A T R A I L E A S E M E N T 0 . 0 0 2 1 , 0 0 0 . 0 0 11 1 1 1 1 1 4 0 4 9 1 2 / 1 7 / 0 9 3 5 2 P R O - D O O R A U T O G L A S S 6 2 4 6 2 0 2 D O O R W I N D O W I N S T A L L 0 . 0 0 5 0 8 . 5 0 11 1 1 1 1 1 4 0 5 0 1 2 / 1 7 / 0 9 5 0 0 R O L L I N , P A M 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 8 4 . 0 0 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 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 3 7 0 . 7 6 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 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 , 8 4 1 . 0 7 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 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 7 0 . 1 6 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 5 5 3 0 2 F R E D E R I C K S B U R G 0 . 0 0 3 1 . 5 1 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 6 5 3 0 2 G R E E N B R I A R 0 . 0 0 1 6 7 . 7 4 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 1 0 . 8 1 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 1 5 6 . 4 1 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 8 7 . 1 7 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 8 5 3 0 2 L E U T A R C O U R T 0 . 0 0 5 4 . 7 4 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 6 . 0 1 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 1 6 6 . 3 9 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 2 7 3 . 0 4 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 3 1 . 5 1 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 3 5 3 0 2 G A T E W A Y P R O J E C T 0 . 0 0 2 3 6 . 1 9 11 1 1 1 1 1 4 0 5 1 1 2 / 1 7 / 0 9 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 1 3 8 . 0 2 TO T A L C H E C K 0 . 0 0 7 , 2 7 1 . 5 3 11 1 1 1 1 1 4 0 5 2 1 2 / 1 7 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 . 9 9 11 1 1 1 1 1 4 0 5 2 1 2 / 1 7 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 8 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 2 . 6 7 TO T A L C H E C K 0 . 0 0 7 0 . 6 6 11 1 1 1 1 1 4 0 5 3 1 2 / 1 7 / 0 9 5 0 0 S H E N , J A C O B Y A N D W E N D Y 4 1 1 9 1 1 1 - 0 0 1 R O A D I M P A C T F E E 0 . 0 0 3 0 . 8 0 11 1 1 1 1 1 4 0 5 3 1 2 / 1 7 / 0 9 5 0 0 S H E N , J A C O B Y A N D W E N D Y 1 1 1 4 2 0 1 B U I L D I N G P E R M I T 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 4 0 5 3 1 2 / 1 7 / 0 9 5 0 0 S H E N , J A C O B Y A N D W E N D Y 1 1 1 4 1 0 2 G E N P L A N U P D A T E F E E 0 . 0 0 1 1 . 4 0 TO T A L C H E C K 0 . 0 0 1 1 2 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 E R A L C O D E E N F O R C E 0 . 0 0 7 8 7 . 5 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 E Q A D E A N Z A T R A I L 0 . 0 0 4 , 0 5 3 . 7 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 L I T I G A T I O N M G M T 0 . 0 0 5 , 4 8 5 . 7 2 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 8 8 3 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 D E E N F 0 . 0 0 2 6 8 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 2 1 1 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 U N C I L M T G 0 . 0 0 3 , 8 7 8 . 4 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 K S 0 . 0 0 1 1 5 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 4 8 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 M I N 0 . 0 0 1 9 2 . 0 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 0 . 0 0 6 1 4 . 4 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 G R 0 . 0 0 8 4 4 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 I R C U L A T I O N E L E M E N T 0 . 0 0 2 6 8 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 Z O N I N G E L E M E N T 0 . 0 0 3 8 . 4 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 - T O B A C C O O R D 0 . 0 0 4 6 0 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 M I N O R D 0 . 0 0 7 6 . 8 0 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 : 5 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 5 5 1 2 / 1 7 / 0 9 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 E W S R A C K O R D 0 . 0 0 4 4 1 . 6 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 - D U T T A 0 . 0 0 1 1 5 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 - S H A B A Z I 0 . 0 0 1 9 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 I L D W O O D 0 . 0 0 1 , 1 7 1 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 A R / Y E L A V I C H 0 . 0 0 3 , 7 2 4 . 8 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 G R 0 . 0 0 4 9 . 0 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 S R C H S U B 0 . 0 0 5 6 . 3 9 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 R K 0 . 0 0 8 8 . 2 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 I R C E L E M E N T 0 . 0 0 8 9 . 1 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 - N E W S R A C K 0 . 0 0 5 0 4 . 7 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 1 2 9 2 3 7 - 0 0 1 C E Q A K M O R A N 0 . 0 0 0 . 5 0 11 1 1 1 1 1 4 0 5 5 1 2 / 1 7 / 0 9 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 5 9 . 6 0 TO T A L C H E C K 0 . 0 0 2 5 , 5 4 8 . 0 1 11 1 1 1 1 1 4 0 5 6 1 2 / 1 7 / 0 9 2 4 8 S T A T E O F C A L I F O R N I A - F R 1 1 1 M C L E A N , D O M I N I Q U E 0 . 0 0 4 0 3 . 7 5 11 1 1 1 1 1 4 0 5 7 1 2 / 1 7 / 0 9 8 0 5 S U S A N N A H S H A M O S 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 4 5 . 0 0 11 1 1 1 1 1 4 0 5 8 1 2 / 1 7 / 0 9 3 1 3 T H E M E R C U R Y N E W S 1 1 1 4 1 0 1 N O T I C E - P L A N C O M 1 2 / 0 9 0 . 0 0 7 5 4 . 0 0 11 1 1 1 1 1 4 0 5 8 1 2 / 1 7 / 0 9 3 1 3 T H E M E R C U R Y N E W S 1 1 1 8 1 0 1 N E W S P A P E R 1 / 0 2 - 0 4 / 0 2 0 . 0 0 6 0 . 6 0 TO T A L C H E C K 0 . 0 0 8 1 4 . 6 0 11 1 1 1 1 1 4 0 5 9 1 2 / 1 7 / 0 9 3 1 7 T H E N A P K I N R I N G 1 1 1 2 3 0 1 A N N U A L E M P L O Y E E L U N C H 0 . 0 0 3 , 0 6 1 . 5 5 11 1 1 1 1 1 4 0 6 0 1 2 / 1 7 / 0 9 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 M T H L Y S V F E E 1 2 / 0 9 0 . 0 0 1 3 . 5 0 11 1 1 1 1 1 4 0 6 0 1 2 / 1 7 / 0 9 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 M T H L Y S V C 1 2 / 0 9 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 8 . 5 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 R O T A R Y M T G 1 0 / 3 0 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M T G 1 1 / 0 2 0 . 0 0 4 1 . 4 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M T G 1 1 / 0 9 0 . 0 0 4 1 . 3 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 H A K O N E M T G 1 1 / 1 0 0 . 0 0 6 4 . 5 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 M F I C O N F E R E N C E 1 2 / 0 2 0 . 0 0 1 4 7 . 4 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 N C T L C - J U A R E Z 0 . 0 0 7 9 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 N C T L C - D E P A R E D E S 0 . 0 0 7 9 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 2 . 7 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 2 . 4 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 H R M T G 1 1 / 0 3 0 . 0 0 3 3 . 6 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C A L P E L R A T R A I N I N G 0 . 0 0 5 0 . 8 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C A L P E L R A T R A I N I N G 0 . 0 0 1 9 . 4 3 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C A L P E R L A T R A I N I N G 0 . 0 0 6 3 8 . 4 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O N D O L E N C E F L O W E R S 0 . 0 0 5 7 . 3 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 B O O K S - W E L L N E S S 0 . 0 0 7 5 . 4 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 B O O K S - W E L L N E S S 0 . 0 0 5 7 . 8 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 B O O K S - W E L L N E S S 0 . 0 0 1 2 7 . 8 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 B O O K S - W E L L N E S S 0 . 0 0 1 1 6 . 6 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 3 2 . 0 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 N E W B A B Y F L O W E R S 0 . 0 0 4 4 . 9 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O N D O L E N C E F L O W E R S 0 . 0 0 4 7 . 4 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 G E T W E L L S O O N F L O W E R S 0 . 0 0 6 4 . 4 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 S E M I N A R 1 1 / 1 6 0 . 0 0 1 0 1 . 4 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C A L P E L R A C O N F E R E N C E 0 . 0 0 1 8 . 0 6 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 : 6 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C A L P E L R A C O N F E R E N C E 0 . 0 0 3 0 . 2 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 1 1 / 0 4 0 . 0 0 2 0 4 . 8 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M T G 1 1 / 1 2 0 . 0 0 4 0 . 7 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 3 0 2 T R E E L I G H T I N G A D 0 . 0 0 9 5 3 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 2 . 0 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 G F O A P U B L I C A T I O N S 0 . 0 0 1 1 0 . 9 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 L C C P U B L I C A T I O N S 0 . 0 0 5 0 . 5 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 L C C P U B L I C A T I O N S 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 2 2 . 4 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 1 7 . 2 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 7 1 0 2 S U P P L I E S - C E R T 0 . 0 0 6 2 4 . 2 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 5 3 3 . 3 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 2 1 . 8 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 2 . 1 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 7 3 . 2 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 8 3 . 7 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 . 6 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 S U P P L I E S - C O M P U T E R 0 . 0 0 5 8 . 0 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M M A N C C O N F E R E N C E 0 . 0 0 3 9 6 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M M A N C C O N F E R E N C E 0 . 0 0 6 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 1 0 / 2 1 0 . 0 0 3 2 8 . 8 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 4 . 5 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A G E N D A M T G 1 0 / 2 9 0 . 0 0 2 5 . 1 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 L A S E R F I C H E C O N F E R E N C E 0 . 0 0 5 9 5 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 L A S E R F I C H E C O N F E R E N C E 0 . 0 0 1 3 7 . 2 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 1 1 / 1 8 0 . 0 0 3 3 6 . 8 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M T G 1 1 / 1 9 0 . 0 0 4 2 . 2 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M T G 1 1 / 0 5 0 . 0 0 4 7 . 8 3 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 1 3 7 . 9 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 I C M A P U B L I C A T I O N 0 . 0 0 3 3 . 7 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S N E W S L E T T E R 0 . 0 0 1 3 6 . 3 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 W O R K E R S C O M P M T G 0 . 0 0 9 . 3 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 4 3 . 1 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 . 3 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C O N S T A N T C O N T A C T 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - Y O U T H C O M 0 . 0 0 1 0 8 . 1 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 S U P P L I E S - V E H I C L E S 0 . 0 0 3 4 . 9 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 P A R K I N G 1 1 / 2 0 0 . 0 0 3 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 P C S T U D Y 1 0 / 2 7 0 . 0 0 1 3 9 . 4 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 P C S T U D Y 1 0 / 2 7 0 . 0 0 1 4 . 5 7 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 P C S T U D Y 1 0 / 2 7 0 . 0 0 1 0 . 4 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 3 1 9 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 2 7 . 1 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 1 2 1 . 0 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 6 5 . 5 6 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - C R E D I T 0 . 0 0 - 3 4 . 8 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 3 6 . 7 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - C R E D I T 0 . 0 0 - 1 8 . 9 1 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - C R E D I T 0 . 0 0 - 2 6 . 0 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 1 9 0 . 4 7 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 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 2 0 . 3 7 57 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 : 7 DA T E : 0 1 / 1 3 / 2 0 1 0 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 0 : 3 4 : 2 9 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 0 0 ’ a n d ’ 1 1 4 0 7 0 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M M A N C C O N F E R E N C E 0 . 0 0 2 5 7 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 . 9 4 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 1 0 / 2 1 0 . 0 0 3 2 . 2 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 0 . 6 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 S T U D Y S E S S I O N 1 0 / 2 6 0 . 0 0 1 2 3 . 9 7 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 S T U D Y S E S S I O N 1 0 / 2 6 0 . 0 0 5 . 9 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N 1 0 / 2 2 0 . 0 0 2 , 4 0 0 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 1 6 . 4 2 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 5 1 . 6 8 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N 1 2 / 1 0 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C P R S F E E S 0 . 0 0 1 4 0 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 1 1 . 1 9 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N 1 2 / 1 0 , 1 6 0 . 0 0 3 5 . 5 5 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 M A I L C P R S A W A R D 0 . 0 0 1 7 . 5 0 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 T S C M E E T N G 1 0 / 2 7 0 . 0 0 1 1 . 9 7 11 1 1 1 1 1 4 0 6 3 1 2 / 1 7 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 O A K S T M E E T I N G 1 1 / 0 3 0 . 0 0 1 7 . 9 5 TO T A L C H E C K 0 . 0 0 1 2 , 3 9 5 . 8 5 11 1 1 1 1 1 4 0 6 4 1 2 / 1 7 / 0 9 5 0 0 V A R A D A R A J A N , P R A V E E N A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 4 0 6 5 1 2 / 1 7 / 0 9 5 0 0 W A L D O , J A U N E L L 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 4 0 6 6 1 2 / 1 7 / 0 9 5 0 0 W A L S H , M E G 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 4 0 6 7 1 2 / 1 7 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 A P P # G P A 0 9 - 0 0 0 2 0 . 0 0 3 , 9 6 5 . 8 0 11 1 1 1 1 1 4 0 6 7 1 2 / 1 7 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 4 1 0 1 A P P # C U P 0 9 - 0 0 2 6 0 . 0 0 4 5 1 . 8 0 11 1 1 1 1 1 4 0 6 7 1 2 / 1 7 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 A P P # 0 3 - 2 7 8 0 . 0 0 1 , 7 0 6 . 8 0 11 1 1 1 1 1 4 0 6 7 1 2 / 1 7 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 A P P # P D R 0 9 - 0 0 2 1 0 . 0 0 2 5 . 1 0 TO T A L C H E C K 0 . 0 0 6 , 1 4 9 . 5 0 11 1 1 1 1 1 4 0 6 8 1 2 / 1 7 / 0 9 5 0 0 Y A N G , R U I 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 5 . 0 0 11 1 1 1 1 1 4 0 6 9 1 2 / 1 7 / 0 9 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 1 1 / 0 9 0 . 0 0 4 5 3 . 7 5 11 1 1 1 1 1 4 0 7 0 1 2 / 1 7 / 0 9 5 0 0 Z A R R I N , T E R E S A 1 1 1 5 3 0 1 S U P P L I E S - T R A I L S I G N S 0 . 0 0 3 8 3 . 6 2 TO T A L C A S H A C C O U N T 0 . 0 0 2 1 0 , 3 1 9 . 6 3 TO T A L F U N D 0 . 0 0 2 1 0 , 3 1 9 . 6 3 TO T A L R E P O R T 0 . 0 0 2 1 0 , 3 1 9 . 6 3 58 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 1 / 1 3 / 2 0 1 0 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 0 : 3 5 : 1 1 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 7 1 ’ a n d ’ 1 1 4 1 2 4 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 7 1 0 1 / 0 7 / 1 0 9 0 C A L S E N S E 1 1 1 5 3 0 1 I R R I G A T I O N C N T R L 0 . 0 0 9 8 8 . 8 5 11 1 1 1 1 1 4 0 7 2 0 1 / 0 7 / 1 0 6 5 0 C A L T A C 1 1 1 1 2 0 1 G R O U P M B R S H I P 2 0 1 0 0 . 0 0 1 1 5 . 0 0 11 1 1 1 1 1 4 0 7 3 0 1 / 0 7 / 1 0 8 1 0 C A P C A 1 1 1 5 3 0 1 M E M B E R S H I P 2 0 1 0 0 . 0 0 1 4 5 . 0 0 11 1 1 1 1 1 4 0 7 4 0 1 / 0 7 / 1 0 1 2 5 C A R N E K I E , D I A N E 1 1 1 Q 2 / 1 0 R E I M B U R S E M E N T 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 4 0 7 5 0 1 / 0 7 / 1 0 1 3 0 C D W G , I N C 6 3 2 3 2 0 2 B A T T E R Y R E P L A C E M E N T 0 . 0 0 1 4 7 . 4 9 11 1 1 1 1 1 4 0 7 6 0 1 / 0 7 / 1 0 5 0 0 C H A N G , J I M A N D J U L I E 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 2 , 2 0 0 . 0 0 11 1 1 1 1 1 4 0 7 7 0 1 / 0 7 / 1 0 2 1 4 C I T Y O F S A R A T O G A 1 1 1 1 1 0 1 1 / 2 F A C I L I T Y R E N T A L 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 4 0 7 7 0 1 / 0 7 / 1 0 2 1 4 C I T Y O F S A R A T O G A 1 1 1 1 1 0 1 1 / 2 F A C I L I T Y R E N T A L 0 . 0 0 2 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 4 0 7 8 0 1 / 0 7 / 1 0 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 2 , 1 5 8 . 3 4 11 1 1 1 1 1 4 0 7 9 0 1 / 0 7 / 1 0 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 1 2 / 1 6 - 0 1 / 1 5 0 . 0 0 5 4 3 . 9 0 11 1 1 1 1 1 4 0 8 0 0 1 / 0 7 / 1 0 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R 1 1 / 2 2 - 1 2 / 2 1 / 0 9 0 . 0 0 6 5 4 . 9 4 11 1 1 1 1 1 4 0 8 1 0 1 / 0 7 / 1 0 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 M T H L Y S V C 1 1 / 0 9 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 4 0 8 2 0 1 / 0 7 / 1 0 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 . 0 0 3 2 . 0 0 11 1 1 1 1 1 4 0 8 3 0 1 / 0 7 / 1 0 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 P A R K I N G C I T A T I O N S 0 . 0 0 1 3 3 . 0 0 11 1 1 1 1 1 4 0 8 4 0 1 / 0 7 / 1 0 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 1 1 - 0 0 1 E M E R G E N C Y R O A D R E P A I R 0 . 0 0 2 0 , 5 0 0 . 0 0 11 1 1 1 1 1 4 0 8 5 0 1 / 0 7 / 1 0 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 - K M O R A N 0 . 0 0 2 4 . 7 8 11 1 1 1 1 1 4 0 8 5 0 1 / 0 7 / 1 0 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 8 . 2 6 11 1 1 1 1 1 4 0 8 5 0 1 / 0 7 / 1 0 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 3 8 . 6 9 TO T A L C H E C K 0 . 0 0 7 1 . 7 3 11 1 1 1 1 1 4 0 8 6 0 1 / 0 7 / 1 0 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 1 1 1 5 3 0 1 L N D S C P - S A R A / S U N 0 . 0 0 1 , 4 4 5 . 0 0 11 1 1 1 1 1 4 0 8 6 0 1 / 0 7 / 1 0 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 2 1 9 2 1 1 - 0 0 2 T R E E P L A N T I N G 0 . 0 0 2 , 3 1 5 . 0 0 11 1 1 1 1 1 4 0 8 6 0 1 / 0 7 / 1 0 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 1 1 1 5 3 0 1 G A R D E N C / U - E L Q U I T O 0 . 0 0 5 2 5 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 2 8 5 . 0 0 11 1 1 1 1 1 4 0 8 7 0 1 / 0 7 / 1 0 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 0 . 8 3 11 1 1 1 1 1 4 0 8 7 0 1 / 0 7 / 1 0 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 0 . 2 7 TO T A L C H E C K 0 . 0 0 1 1 . 1 0 11 1 1 1 1 1 4 0 8 8 0 1 / 0 7 / 1 0 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 1 / 1 0 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 4 0 8 9 0 1 / 0 7 / 1 0 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 1 3 . 7 9 11 1 1 1 1 1 4 0 9 0 0 1 / 0 7 / 1 0 7 4 7 H O U S I N G T R U S T O F S A N T A C 1 1 1 8 3 0 1 Q 3 / 1 0 S U P P O R T 0 . 0 0 6 , 2 5 0 . 0 0 11 1 1 1 1 1 4 0 9 1 0 1 / 0 7 / 1 0 5 0 0 H O U S T O N , L I N D A 1 1 1 6 1 0 1 R O S T E R C H A N G E 0 . 0 0 2 0 . 0 0 59 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 1 / 1 3 / 2 0 1 0 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 0 : 3 5 : 1 1 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 7 1 ’ a n d ’ 1 1 4 1 2 4 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 0 9 2 0 1 / 0 7 / 1 0 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 E P A I R S - R A V E N S W O O D 0 . 0 0 1 , 3 7 8 . 9 6 11 1 1 1 1 1 4 0 9 2 0 1 / 0 7 / 1 0 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 E P A I R S - G A R D N E R P K 0 . 0 0 1 , 8 0 0 . 9 2 11 1 1 1 1 1 4 0 9 2 0 1 / 0 7 / 1 0 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 E P A I R S - N C A M P U S 0 . 0 0 1 8 2 . 1 0 11 1 1 1 1 1 4 0 9 2 0 1 / 0 7 / 1 0 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 E P A I R S - F O O T H I L L P K 0 . 0 0 3 , 5 0 1 . 7 8 TO T A L C H E C K 0 . 0 0 6 , 8 6 3 . 7 6 11 1 1 1 1 1 4 0 9 3 0 1 / 0 7 / 1 0 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 T R E E S V C - M U S E U M 0 . 0 0 1 6 5 . 0 0 11 1 1 1 1 1 4 0 9 3 0 1 / 0 7 / 1 0 1 9 I A N G E D D E S T R E E C A R E , I N 4 2 1 9 2 1 1 - 0 0 2 T R E E R E M O V A L - N C A M P U S 0 . 0 0 2 3 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 9 5 . 0 0 11 1 1 1 1 1 4 0 9 4 0 1 / 0 7 / 1 0 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 - R E S T R I P I N G 0 . 0 0 8 4 5 . 6 0 11 1 1 1 1 1 4 0 9 4 0 1 / 0 7 / 1 0 6 3 I N T E R S T A T E T R A F F I C C O N T R 1 1 1 5 3 0 1 S U P P L I E S - T R A I L S 0 . 0 0 4 5 8 . 8 5 TO T A L C H E C K 0 . 0 0 1 , 3 0 4 . 4 5 11 1 1 1 1 1 4 0 9 5 0 1 / 0 7 / 1 0 6 3 6 J U L I E R I N G R A H A M 1 1 1 3 1 0 1 M I L E A G E 0 . 0 0 5 0 . 6 0 11 1 1 1 1 1 4 0 9 6 0 1 / 0 7 / 1 0 1 0 0 K S A R 7 1 2 8 7 0 2 E L E C T R I C A L U P G R A D E 0 . 0 0 2 , 9 9 8 . 4 4 11 1 1 1 1 1 4 0 9 6 0 1 / 0 7 / 1 0 1 0 0 K S A R 7 1 2 8 7 0 2 S E R V E R / H A R D D R I V E 0 . 0 0 1 , 7 3 4 . 3 3 11 1 1 1 1 1 4 0 9 6 0 1 / 0 7 / 1 0 1 0 0 K S A R 7 1 2 8 7 0 2 S E R V E R / H A R D D R I V E 0 . 0 0 2 1 8 . 9 9 11 1 1 1 1 1 4 0 9 6 0 1 / 0 7 / 1 0 1 0 0 K S A R 7 1 2 8 7 0 2 V I D E O U P G R A D E 0 . 0 0 1 , 9 6 6 . 0 2 11 1 1 1 1 1 4 0 9 6 0 1 / 0 7 / 1 0 1 0 0 K S A R 7 1 2 8 7 0 2 V I D E O U P G R A D E 0 . 0 0 3 , 7 5 1 . 2 0 TO T A L C H E C K 0 . 0 0 1 0 , 6 6 8 . 9 8 11 1 1 1 1 1 4 0 9 7 0 1 / 0 7 / 1 0 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T L Y S V C 1 1 / 0 9 0 . 0 0 1 6 7 . 0 0 11 1 1 1 1 1 4 0 9 8 0 1 / 0 7 / 1 0 2 1 3 L L O Y D F M C K I N N E Y A S S O C I 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R A M P L I F I E R 0 . 0 0 6 1 2 . 6 5 11 1 1 1 1 1 4 0 9 9 0 1 / 0 7 / 1 0 2 8 3 M A R T I N , J I M 1 1 1 5 3 0 1 Q A C R E N E W A L 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 4 1 0 0 0 1 / 0 7 / 1 0 3 3 S K Y T E R R A 1 1 1 7 1 0 2 M T H L Y S V C 1 2 / 0 9 , 1 / 1 0 0 . 0 0 1 4 6 . 2 8 11 1 1 1 1 1 4 1 0 1 0 1 / 0 7 / 1 0 7 9 M U N I S E R V I C E S L L C 1 1 1 3 1 0 1 L T C D I S C O V E R Y 1 2 / 2 2 0 . 0 0 4 , 0 6 1 . 5 5 11 1 1 1 1 1 4 1 0 2 0 1 / 0 7 / 1 0 1 1 0 N B S - G O V T F I N A N C E G R O U P 1 1 1 8 1 0 1 A D M I N F E E S Q 3 / 1 0 0 . 0 0 3 0 1 . 6 7 11 1 1 1 1 1 4 1 0 3 0 1 / 0 7 / 1 0 6 0 O N T R A C 1 1 1 5 1 0 1 D E L I V E R Y - C A L T R A N S 0 . 0 0 5 . 5 0 11 1 1 1 1 1 4 1 0 3 0 1 / 0 7 / 1 0 6 0 O N T R A C 1 1 1 5 1 0 1 D E L I V E R Y - C A P A R K S 0 . 0 0 5 . 5 0 11 1 1 1 1 1 4 1 0 3 0 1 / 0 7 / 1 0 6 0 O N T R A C 1 1 1 5 1 0 1 D E L I V E R Y - C A P A R K S 0 . 0 0 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 6 . 0 0 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H 0 . 0 0 7 2 . 6 0 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 2 1 . 1 4 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 4 , 2 0 9 . 8 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 1 , 8 3 1 . 2 7 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 5 3 4 . 1 1 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 E L E C T R I C C R E D I T 0 . 0 0 - 1 7 3 . 9 4 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L 0 . 0 0 1 , 0 7 4 . 4 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 E L E C T R I C C R E D I T 0 . 0 0 - 7 9 0 . 1 3 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T R E E T S 0 . 0 0 7 7 2 . 6 9 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 E L E C T R I C C R E D I T 0 . 0 0 - 2 2 2 . 3 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 S E A G U L L W A Y 0 . 0 0 5 9 . 8 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 E L E C T R I C C R E D I T 0 . 0 0 - 2 2 . 7 8 60 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 1 / 1 3 / 2 0 1 0 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 0 : 3 5 : 1 1 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 7 1 ’ a n d ’ 1 1 4 1 2 4 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 1 , 0 9 1 . 5 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 2 0 2 . 0 8 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H T I N G 0 . 0 0 2 2 9 . 6 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 4 4 . 4 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S 0 . 0 0 2 5 0 . 5 6 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 4 1 . 2 8 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 2 8 9 . 2 8 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 6 1 3 . 4 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 5 T H S T R E E T 0 . 0 0 1 1 . 6 4 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 1 . 6 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 4 T H S T R E E T 0 . 0 0 5 3 1 . 1 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 2 4 0 . 9 7 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 8 . 3 4 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 8 . 5 7 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 4 7 . 0 3 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 1 1 . 3 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 3 2 . 8 7 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 4 . 2 1 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E C I R C L E 0 . 0 0 3 2 7 . 3 5 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 1 2 3 . 8 4 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 4 5 3 0 2 H O R S E S H O E D R 0 . 0 0 9 . 7 6 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N C A M P U S 0 . 0 0 4 3 3 . 3 2 11 1 1 1 1 1 4 1 0 4 0 1 / 0 7 / 1 0 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 E L E C T R I C C R E D I T 0 . 0 0 - 9 9 . 5 4 TO T A L C H E C K 0 . 0 0 7 , 5 6 0 . 1 6 11 1 1 1 1 1 4 1 0 5 0 1 / 0 7 / 1 0 1 8 0 P A C I F I C P R O D U C T S & S E R V I 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - R E S T R I P I N G 0 . 0 0 1 , 5 6 5 . 5 7 11 1 1 1 1 1 4 1 0 6 0 1 / 0 7 / 1 0 1 9 5 P A P A 1 1 1 5 3 0 1 Q A C T R A I N I N G 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 4 1 0 7 0 1 / 0 7 / 1 0 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 1 1 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 4 1 0 7 0 1 / 0 7 / 1 0 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 1 2 / 0 9 0 . 0 0 2 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 0 0 . 0 0 11 1 1 1 1 1 4 1 0 8 0 1 / 0 7 / 1 0 7 9 5 P I E R C E S I G N S & D I S P L A Y S , 2 7 6 5 3 0 2 R E P A I R S - T O L L G A T E 0 . 0 0 7 3 7 . 4 4 11 1 1 1 1 1 4 1 0 9 0 1 / 0 7 / 1 0 7 0 2 P Y R A T E T E C H S 1 1 1 6 1 0 1 W I N T E R R E C S C H E D U L E 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 4 1 1 0 0 1 / 0 7 / 1 0 4 1 0 R I C H V O S S T R U C K I N G I N C 4 1 1 9 1 1 1 - 0 0 1 D E L I V E R Y - S A N D B A G S 0 . 0 0 1 7 3 . 0 0 11 1 1 1 1 1 4 1 1 1 0 1 / 0 7 / 1 0 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 8 3 0 1 Q 3 / 1 0 S U P P O R T 0 . 0 0 2 , 9 1 8 . 0 0 11 1 1 1 1 1 4 1 1 2 0 1 / 0 7 / 1 0 1 0 9 S A R A T O G A F O O T H I L L C L U B 1 1 1 8 3 0 1 Q 3 / 1 0 G R A N T F U N D I N G 0 . 0 0 3 , 3 7 5 . 0 0 11 1 1 1 1 1 4 1 1 3 0 1 / 0 7 / 1 0 6 9 S A S C C 1 1 1 8 3 0 1 Q 3 / 1 0 S U P P O R T 0 . 0 0 5 , 2 5 0 . 0 0 11 1 1 1 1 1 4 1 1 3 0 1 / 0 7 / 1 0 6 9 S A S C C 1 1 1 8 3 0 1 Q 3 / 1 0 S U P P L E M E N T A L 0 . 0 0 4 , 5 0 0 . 0 0 11 1 1 1 1 1 4 1 1 3 0 1 / 0 7 / 1 0 6 9 S A S C C 1 1 1 8 3 0 1 Q 3 / 1 0 A D U L T D A Y C A R E 0 . 0 0 2 , 0 8 6 . 0 0 11 1 1 1 1 1 4 1 1 3 0 1 / 0 7 / 1 0 6 9 S A S C C 1 1 1 8 3 0 1 Q 3 / 1 0 C D B G G R A N T 0 . 0 0 6 , 9 6 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 , 8 0 1 . 0 0 11 1 1 1 1 1 4 1 1 4 0 1 / 0 7 / 1 0 1 S C V A L L E Y W A T E R D I S T R I C T 1 1 1 5 3 0 1 O R C H A R D W E L L 0 . 0 0 2 8 8 . 4 2 11 1 1 1 1 1 4 1 1 5 0 1 / 0 7 / 1 0 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 3 9 . 3 3 61 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 1 / 1 3 / 2 0 1 0 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 0 : 3 5 : 1 1 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 h e c k _ n o b e t w e e n ’ 1 1 4 0 7 1 ’ a n d ’ 1 1 4 1 2 4 ’ AC C O U N T I N G P E R I O D : 7 / 1 0 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 4 1 1 6 0 1 / 0 7 / 1 0 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 1 1 1 5 3 0 1 R E P A I R S - B L A N E Y 0 . 0 0 4 4 3 . 0 6 11 1 1 1 1 1 4 1 1 7 0 1 / 0 7 / 1 0 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 6 2 4 6 2 0 2 P R O F S V C 1 2 / 0 9 0 . 0 0 6 6 4 . 0 0 11 1 1 1 1 1 4 1 1 8 0 1 / 0 7 / 1 0 2 6 4 S U L L I V A N , A N N 1 1 1 2 2 0 1 L C C C O N V E N T I O N 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 4 1 1 8 0 1 / 0 7 / 1 0 2 6 4 S U L L I V A N , A N N 1 1 1 2 2 0 1 L C C N E W L A W C O N F 0 . 0 0 1 9 . 6 6 11 1 1 1 1 1 4 1 1 8 0 1 / 0 7 / 1 0 2 6 4 S U L L I V A N , A N N 1 1 1 2 2 0 1 M I L E A G E - S U L L I V A N 0 . 0 0 1 4 6 . 4 5 TO T A L C H E C K 0 . 0 0 1 8 1 . 1 1 11 1 1 1 1 1 4 1 1 9 0 1 / 0 7 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 A S P M T H L Y S V C 0 1 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 4 1 1 9 0 1 / 0 7 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E S U P P O R T 0 1 / 2 0 1 0 0 . 0 0 3 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 7 4 0 . 0 0 11 1 1 1 1 1 4 1 2 0 0 1 / 0 7 / 1 0 5 5 7 V A V R I N E K , T R I N E , D A Y & C 1 1 1 3 1 0 1 A U D I T S V C 1 1 / 0 9 0 . 0 0 3 , 9 5 0 . 0 0 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T S E R V I C E S 0 . 0 0 7 0 . 8 7 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D - B U I L D I N G 0 . 0 0 8 3 . 6 1 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D - D E V E L O P M E N T 0 . 0 0 8 0 . 8 6 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D - C O D E C O M P L I A N C E 0 . 0 0 5 8 . 1 8 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S 0 . 0 0 1 6 5 . 2 1 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S 0 . 0 0 3 0 5 . 9 2 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - E N G I N E E R I N G 0 . 0 0 1 2 0 . 5 2 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 2 P W - D E V E L O P M E N T 0 . 0 0 1 . 4 2 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 B U I L D I N G M A I N T E N A N C E 0 . 0 0 1 3 2 . 5 8 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C T Y M G R O F F I C E 0 . 0 0 6 5 . 8 7 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C T Y C L R K S O F F I C E 0 . 0 0 7 2 . 5 2 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 3 0 1 H U M A N R E S O U R C E S 0 . 0 0 7 7 . 7 0 11 1 1 1 1 1 4 1 2 1 0 1 / 0 7 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N / F I N A N C E 0 . 0 0 6 4 . 8 7 TO T A L C H E C K 0 . 0 0 1 , 3 0 0 . 1 3 11 1 1 1 1 1 4 1 2 2 0 1 / 0 7 / 1 0 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 Q 3 / 1 0 S U P P O R T 0 . 0 0 3 , 7 9 1 . 0 0 11 1 1 1 1 1 4 1 2 3 0 1 / 0 7 / 1 0 4 4 0 W E S T E R N T R U C K F A B R I C A T I O 6 3 1 5 2 0 3 C H I P P E R B O D Y - V E H 1 2 3 0 . 0 0 1 8 . 8 1 11 1 1 1 1 1 4 1 2 3 0 1 / 0 7 / 1 0 4 4 0 W E S T E R N T R U C K F A B R I C A T I O 6 3 1 5 2 0 3 C H I P P E R B O D Y - V E H 1 2 3 0 . 0 0 6 , 1 9 5 . 5 9 TO T A L C H E C K 0 . 0 0 6 , 2 1 4 . 4 0 11 1 1 1 1 1 4 1 2 4 0 1 / 0 7 / 1 0 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 S C C E M A A W A R D S 1 1 / 2 8 0 . 0 0 5 3 . 2 2 TO T A L C A S H A C C O U N T 0 . 0 0 1 2 5 , 0 3 2 . 9 2 TO T A L F U N D 0 . 0 0 1 2 5 , 0 3 2 . 9 2 TO T A L R E P O R T 0 . 0 0 1 2 5 , 0 3 2 . 9 2 62 Page 1 of 2 + SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolutions Restricting Parking on Dagmar Drive RECOMMENDED ACTION: Move to adopt MV Resolutions restricting parking on a section of Dagmar Drive. REPORT SUMMARY: The City was contacted by residents on Dagmar Drive concerned with long term parking on their street. The “dead end” section of Dagmar that is visible from Saratoga Avenue has notoriously been a problem parking area. Because of its close proximity to Highway 85, commuters, cars for sale, and commercial vehicles with advertising have all used this area for parking. The local residents have often complained of noise, littering and an increase in vandalism due to easy parking and access to this area. The neighborhood would like to proceed with parking restrictions in a phased approach. Instead of restricting parking altogether, they would like to start with a timed two-hour parking restriction parallel to Saratoga Avenue, which would hopefully take care of the majority of the parking problems. Parking along the fence at the dead end will be marked as “No Parking or Stopping Anytime”. The neighborhood would like to start out with this first restriction and see if the problems decrease. If not, a more restrictive solution may need to be implemented and approved by the Council in the future. In order to enforce the new parking restriction, it is necessary that the attached Motor Vehicle Resolutions be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post the signs. These improvements are paid through the Capital Improvement Program, which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The MV Resolutions would not be adopted and traffic conditions would continue as is. PDF created with pdfFactory Pro trial version www.pdffactory.com63 Page 2 of 2 ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): The signs will be installed and the Sheriff’s Office will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Map 2. MV Resolution – 2 hour restriction 3. MV Resolution – No parking or stopping PDF created with pdfFactory Pro trial version www.pdffactory.com64 Saratoga Avenue Dagmar Drive Dagmar Drive Parking Restrictions N0408012016020Feet 2-Hour Parking Area (7:00 am - 6:00 pm, except Holidays)No Parking or Stopping Anytime 65 RESOLUTION NO. MV- ______ RESOLUTION IMPLEMENTING A TWO HOUR PARKING RESTRICTION ON DAGMAR DRIVE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Dagmar Drive in the location specified below: NAME OF STREET LOCATION RESTRICTION Dagmar Drive Starting at the southeast corner of Dagmar Drive where it intersects with Saratoga Avenue and continuing south for one hundred thirty (130) feet. Two hour parking 7:00 a.m.- 6:00 p.m., except Holidays II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 20th day of January, 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Kathleen King, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com66 RESOLUTION NO. MV- ______ RESOLUTION IMPLEMENTING A NO PARKING OR STOPPING ANYTIME RESTRICTION ON DAGMAR DRIVE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Dagmar Drive in the location specified below: NAME OF STREET LOCATION RESTRICTION Dagmar Drive Starting at the southwest corner of Dagmar Drive where it dead ends and traveling east for thirty nine (39) feet. No Parking or Stopping Anytime II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 20th day of January, 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Kathleen King, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com67 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Resolution Amending the City Council Norms of Operation to Implement the Mayoral Rotation Policy for the Saratoga City Council RECOMMENDED ACTION: Adopt the Resolution amending the City Council Norms of Operation to implementing the Mayoral Rotation Policy for the Saratoga City Council. REPORT SUMMARY: At the December 16, 2009 City Council meeting, Council adopted a formal policy for rotation of the positions of Mayor and Vice-Mayor. Such rotation occurs each year during the Council Reorganization Special meeting, which is typically held the first Tuesday in the month of December. This policy follows the Council’s informal tradition of placing the candidates with the first and second highest vote totals in any one election into a queue to rotate into the position of Mayor and Vice-Mayor. On December 16, 2009, Council voted that the criteria for choosing Council leadership would be based upon highest two vote total in any one election. Council directed staff to bring this item back on the consent calendar as a resolution implementing the mayoral rotation policy by including the policy in the City Council Norms of Operation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Mayoral Rotation Policy will not be included in the City Council Norms of Operation. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: PDF created with pdfFactory Pro trial version www.pdffactory.com68 The City Council Norms of Operation will be updated to reflect the amendment. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution Adopting Mayoral Rotation policy. Attachment B – Historical Mayoral – Vice Mayor Rotation Chart. P:\SARATOGA\City Documents\Mayoral Rotation Staff Report.v2.doc PDF created with pdfFactory Pro trial version www.pdffactory.com69 RESOLUTION NO. 10 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IMPLEMENTING A POLICY FOR ROTATION OF MAYOR AND VICE-MAYOR WHEREAS, California Government Code Section 36801 provides that the Mayor and Mayor pro tempore (i.e., Vice-Mayor) of a general law city are chosen by the City Council; and WHEREAS, said Government Code Section does not require nor provide for any particular procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the Saratoga Municipal Code does not provide a procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, In the City of Saratoga, the Mayor Pro Tempore, by tradition, is known as the Vice-Mayor; and WHEREAS, on December 16, 2009, the Saratoga City Council considered samples of other California general law cities’ policies regarding mayoral selection by rotation; and WHEREAS, on December 16, 2009, the Saratoga City Council voted to implement a mayoral rotation policy that would place the council candidates with the two highest votes in any one election into a queue to rotate into the position of Mayor and Vice-Mayor. In each Saratoga City Council election, the candidate with the most votes would be placed first in the rotation of that group, the candidate with the second highest votes would be placed second; and WHEREAS, on December 16, 2009, the Saratoga City Council directed staff to bring back a resolution incorporating the Council’s newly implemented mayoral rotation policy into the City Council Norms of Operation at the next scheduled regular Council meeting on January 20, 2010. NOW, THEREFORE, BE IT RESOLVED THAT: The Council Norms of Operation adopted January 21, 2004 and last amended May 6, 2009 by Resolution Number 09-24 is hereby amended to replace section 5.B with the text shown below: B. City Council Reorganization – The City Council shall hold a special meeting on the Tuesday immediately preceding the first regular meeting of December. In election years the date of the special meeting may be changed by the City Clerk as necessary to ensure compliance with State election laws. The special meeting shall be held to select a Mayor and Vice-Mayor as follows: PDF created with pdfFactory Pro trial version www.pdffactory.com70 2 1. The Mayor and Vice-Mayor shall be chosen by the City Council from among its members by the affirmative vote of three or more of the Council Members to serve a one-year term at the pleasure of the Council; 2. The initial nominee for Mayor shall be the Council member listed first in the mayoral queue (described below) and the initial nominee for Vice-Mayor shall be the Council member listed second in the mayoral queue; 3. The mayoral queue shall be maintained by the City Clerk and available for public inspection and shall be administered as follows: a. The mayoral queue shall consist of no more than four Council members at any time and these shall be the two council candidates with the highest number of votes from each of the two most recent general elections. b. Immediately upon the Council’s declaration of the election returns, the Council member with the highest number of votes shall be placed in the second to last position in the queue and the Council member with the second- highest number of votes shall be placed in the last position in the queue. c. In the event that two or more Council members receive an equal number of votes, their placement in the queue shall be determined by a coin toss administered by the City Clerk. d. Upon a Council member’s selection as Mayor, that person shall be removed from the queue and the remaining queue members shall advance by one position (e.g., the Council member previously in position two shall occupy position one, the Council member previously in position three shall occupy position two, etc.). e. A Council member shall be withdrawn from the queue upon leaving office for any reason or upon filing with the City Clerk a written request for withdrawal. Upon withdrawal by request no Council member may be reinstated in the queue during the term in which the request was made. f. If a Council member is withdrawn from the queue, the remaining members of the queue shall move up one position. The last position in the queue shall be filled by the Council member who received the third-highest number of votes when most recently elected or, if there is no such Council member, a Council member elected in a special election. g. Council members serving on the City Council by virtue of appointment to the City Council are not eligible to be placed in the queue during the term of the appointment. 4. The Mayor and Vice-Mayor shall assume the duties of their respective offices immediately upon election. PDF created with pdfFactory Pro trial version www.pdffactory.com71 3 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20th day of January 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Ann Sullivan, City Clerk P:\SARATOGA\City Documents\Mayoral Rotation 1a.v4.doc PDF created with pdfFactory Pro trial version www.pdffactory.com72 Year Mayor and Vice Mayor By Rotation Method Mayor and Vice Mayor By Election 1998‐99 Election Year ELECTION RESULTS 1. Mehaffey 2. Streit 3. Baker Shaw (Mayor)*Shaw (Mayor) * Bogosian (Vice Mayor)Bogosian (Vice Mayor) 1999‐2000 Non Election Year Bogosian (Mayor) *Bogosian (Mayor) * Mehaffey (Vice Mayor)Mehaffey (Vice Mayor) 2000‐01 Election Year ELECTION RESULTS 1. Bogosian 2. Waltonsmith Mehaffey (Mayor)Mehaffey (Mayor) Streit (Vice Mayor)Streit (Vice Mayor) 2001‐01 Non Election Year Streit (Mayor) *Streit (Mayor) * Baker (Vice Mayor)*Baker (Vice Mayor)* 2002‐03 Election Year ELECTION RESULTS 1. Streit 2. King 3. Kline Bogosian (Mayor)Streit (Mayor) Waltonsmith (Vice Mayor)Waltonsmith (Vice Mayor) 2003‐04 Non Election Year Waltonsmith (Mayor)Waltonsmith (Mayor) Streit (Vice Mayor)King (Vice Mayor) 2004‐05 Election Year ELECTION RESULTS 1. Kao 2. Waltonsmith Streit (Mayor)King (Mayor) King (Vice Mayor)Kline (Vice Mayor) 2005‐06 Non Election Year King (Mayor)*Kline (Mayor)* Kline (Vice Mayor)*Kao (Vice Mayor) 2006‐07 Election Year ELECTION RESULTS 1. Page 2. King 3. Hunter Kao (Mayor)Kao (Mayor) Waltonsmith (Vice Mayor)Waltonsmith (Vice Mayor) 2007‐08 Non Election Year Waltonsmith (Mayor)*Waltonsmith (Mayor)* Page (Vice Mayor)Page (Vice Mayor) 2008‐09 Election Year ELECTION RESULTS 1. Miller 2. Nagpal Page (Mayor)Page (Mayor) King (Vice Mayor)King (Vice Mayor) 2009‐10 Non Election Year King (Mayor)*King (Mayor)* Hunter (Vice Mayor)*Hunter (Vice Mayor)* * Indicates end of term on Council  Terms for Mayor and Vice Mayor are one year in length from December to December.  1999: Mayor Shaw died in office, August 2, 1999. Bogosian was designated Mayor Pro Tempore with the Mayor’s position vacant until the next Council Reorganization.  2002‐03: Streit elected as Mayor by Council majority out of rotation.  2003‐04: Streit relinquishes place in rotation. Each subsequent Council position moves up in rotation.  2006‐07: “Normal” rotation re‐established. 73 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: 2009 Library Heating Ventilating, Air Conditioning (HVAC) Renovation Project – Budget Adjustment RECOMMENDED ACTION: Accept report and move to approve budget resolution. REPORT SUMMARY: On October 7, 2009, the Council approved a change order to the contract with CIM Air, Inc. to add the replacement of the HVAC controls system to the scope of work. The amount of the change order approved by Council was $68,867. At the time staff brought the change order to the Council, we inadvertently failed to include a budget adjustment resolution. The $68,867 change order is to be funded with $35,847 remaining from the originally budgeted project contingency, and an additional transfer of $33,020 from the Library’s Capital Improvement Fund. FISCAL IMPACTS: The project has been completed and, in order to pay the contractor for the outstanding invoice, staff is recommending that the Council approve a budget resolution authorizing a transfer of $33,020 from the Library Capital Improvement Fund to the Library HVAC Renovation Project. A budget resolution amending the project budget is attached. The final cost of this contract, including the controls system amendment, is $267,670. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff will not be authorized to pay the contractor the total final invoiced amount for the controls system. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Staff will pay the outstanding invoice to CIM Air, Inc. ADVERTISING, NOTICING AND PUBLIC CONTACT: PDF created with pdfFactory Pro trial version www.pdffactory.com74 Page 2 of 3 Nothing additional. ATTACHMENTS: Budget Resolution. PDF created with pdfFactory Pro trial version www.pdffactory.com75 Page 3 of 3 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10 TO PROVIDE FUNDING FOR THE 2009 SARATOGA LIBRARY HVAC RENOVATION PROJECT WHEREAS, the City Council desires to finalize the Saratoga Library HVAC Renovation Project in the City; and WHEREAS, additional funding in the amount of $33,020 is needed for the completion of said project; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 Capital Improvement Budget as follows: Account Description Account# Amount To appropriate additional funding and expenditures for the Library HVAC Renovation Project Library Capital Improvement Fund – Transfer Out 711 8701 99999 $33,020 Library HVAC Renovation Project – Transfer In 413 9374-001 49999 $33,020 Library HVAC Renovation Project – Exp. Appropriation: 413.9374.001.81161 $33,020 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2009/10 Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20th day of January 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen King, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, City Clerk PDF created with pdfFactory Pro trial version www.pdffactory.com76 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Deputy City Clerk SUBJECT: Records Management Program: Resolutions Authorizing Final Disposition of Certain City Records RECOMMENDED ACTION: Adopt Resolution Authorizing Final Disposition of Certain City Records. BACKGROUND: In June 2009, the City Council approved a new Records Retention Schedule. In accordance with the schedule, each year, Staff and the City Attorney review archived documents to determine those that are nonessential and can, therefore be shredded. In order to comply with state law, processing expired records for destruction is a multi-step process: 1. Staff in each department identifies records that have expired in accordance with the approved records retention schedule. 2. Department directors review and approve the list of records to be destroyed in their departments. 3. The City Clerk and City Attorney review and approve a combined list of all expired records. 4. The list of records is presented to the City Council along with a resolution authorizing the shredding of listed documents. Records may not be shredded without the authorization of the City Council. At this time, Staff has identified 12 boxes of expired records and is requesting authorization from the Council to proceed with shredding the documents. FISCAL IMPACTS: Funding for shredding of records is included in the operating budget. Shredding paper records could result in savings through reduced liability in the event of litigation against the City. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Records will not be shredded. PDF created with pdfFactory Pro trial version www.pdffactory.com77 Page 2 of 2 ALTERNATIVE ACTION(S): Remove specific records from destruction list and approve with changes. FOLLOW UP ACTION(S): Council has implemented a policy authorizing Staff to have records shredded thirty (30) days after Council has authorized the records destruction based on the adopted records retention policy. (September 16, 2009 City Council Minutes) ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records Attachment 2 -Exhibit A: List of Records to be Shredded. PDF created with pdfFactory Pro trial version www.pdffactory.com78 Boxes for Shredding and what is in them date due for destruction Record Series Public Works box-- small brown box --no number Item Description Date due for destruction Record Series Unawarded bids for Sara-Sunny Median Landscaping Project 1997 2002 (T+4)Bids & Proposals, Unsuccessful Unawarded Bids for Wildwood park Restrooms Project 1999 2004 (T+4)Bids & Proposals, Unsuccessful Unawarded Bids for Sara-Sunny Rd Improvements Design Project 2001 2006 (T+4)Bids & Proposals, Unsuccessful Unawarded Bid for Saratoga Civic Center Fire Alarm System Project 2003 2008 (T+4)Bids & Proposals, Unsuccessful Unawarded Bid for Concrete and Storm Drain Project 2002 2007(T+4)Bids & Proposals, Unsuccessful Unawarded Bids for PMP 2001 2006 (T+4)Bids & Proposals, Unsuccessful Unawarded Bids and certified payroll reports Annual Concrete Project 1998 2003 (T+4)Bids & Proposals, Unsuccessful Unawarded Bid El Quito Park Irrigation Project 2003 2008 (T+4)Bids & Proposals, Unsuccessful Certified payroll Reports PMP 2003 -Vendor files 2006(SU+2)Reference files, external Sources Box 71C --Admin Services Item Description Date due for Destrction Misc. Files Accounts Payable ( J- T) 1994-1995 7/1/2000 (AU + 4)Accounts payable Brown Box --no numbers --need to take papers out of binders before destruction Item Description Date due for Destrction Parking Citations 1997 1999 (CU +2)Accounts Receivable Parking Citations 1993 1995 (CU + 2)Accounts Receivable DMV Holds 1990-1994 1996 (CU + 2)Accounts Receivable False Alarm Billings 1996-1997 2001 (AU + 4)Accounts Receivable DMV Holds 1995-1998 2000 (CU + 2)Accounts Receivable Citations Investigative Review 1995-1997 1999 (CU + 2)Accounts Receivable 3C --Admin Services Item Description Date due for Destrction Community Service Officer Chron Files Jul 1995-Dec 1995 6/1/2001 (CU + 2)Accounts Receivable Parking Citations re-imbursements 1994-1995 June 2001 (AU + 4)Accounts Receivable False Alarm Billing Reports 1994 2000 (AU + 4)Accounts Receivable PDF created with pdfFactory Pro trial version www.pdffactory.com 79 False Alarm Cards 1992-1994 2000 (AU + 4)Accounts Receivable White Box --no number Item Description Date due for Destrction Municipal Code Complaints -Closed Reports 1997-1998 2000 (CL + 2)Code Compliance 96D --Admin Services Item Description Date due for Destrction Warrants (Checks) T -Z and Misc. 1986-1987 1993 (AU + 5)Accounts Payable 92A --Admin Services Item Description Date due for Destrction PERS Retirement 2000-2001 2007 (CU + 6)PERS payroll Reports PERS Payroll reporting Fiscal year 2000/2001 2007 (CU + 6)PERS payroll Reports 31B --Admin Services Item Description Date due for Destrction Payroll - registers 1996 2001 (AU + 5)Payroll- Salary & Deduction Registers 83C --Admin Servies Item Description Date due for Destrction Cash Edit Lists/Cash Postings 2000 2005 (AU + 4)Cash Receipts 1C --Admin Services Item Description Date due for Destrction Community Service Officer Chron File Jan. 1995-June 1995 2001 (AU + 5)Accounts Receivable CSO Clerk Time Sheets Jan. 1994-Dec. 1995 2001 (AU + 5)Accounts Receivable Billing -False Alarm Statements 1992-1994 2001 (AU + 5)Accounts Receivable False Alarm Billings Reports Jan. 1995- Dec. 1995 2001 (AU + 5)Accounts Receivable Parking citation receipts June 1989 -Dec. 1992 2001 (AU + 5)Accounts Receivable No Box --no number Item Description Date due for Destrction PDF created with pdfFactory Pro trial version www.pdffactory.com 80 Media -1/2" data on 12" reel tape (obsolete) 1987 2000 (SU + 5) 29C --Admin Services Item Description Date due for Destrction Monthly Financial Reports FY 1997-1998 July 1997-May 1998 2004 (AU + 5)Treasurer's PDF created with pdfFactory Pro trial version www.pdffactory.com 81 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That it does hereby authorize the department heads to have those certain records, documents, instruments, books or paper under their charge as described in Exhibit ‘A’ to be shredded. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20th day of January, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen M. King, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 82 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Jana Rinaldi DIRECTOR: John Livingstone, AICP Code Compliance Specialist SUBJECT: Adoption of ordinance establishing the City’s ability to issue administrative citations for violations of the Saratoga City Code. RECOMMENDED ACTION: Staff recommends the City Council waive the Second Reading and adopt the Administrative Citation Ordinance. BACKGROUND: On December 16, 2009, the City Council conducted a public hearing, introduced the ordinance, and voted to place the ordinance on consent for adoption at the next regularly scheduled City Council meeting. DISCUSSION The City establishes rules and regulations for living and doing business within city limits. Currently, the City’s only ability to enforce its ordinances is through voluntary compliance, recordation of a code violation against the title of the property, and public nuisance abatement or criminal prosecution through the court system. The administrative citation ordinance would allow staff to issue administrative citations for violations of the City Code. Typically, enforcement of violations of the City Code results in a “Notice of Violation”, which consists of education, specific remedies and a time frame for compliance. In most cases this type of corrective notice is sufficient; however, there are situations where stronger enforcement actions are necessary. Under the existing City Code, code violations may be criminally charged as infractions or misdemeanors. Prosecution through the Court system is costly and requires significant staff resources as well as City Attorney time. In addition, if the matter actually gets to court, the offender may simply be required to remove the personal property or materials. Similar circumstances arise in connection with enforcement of other requirements of the City Code. The proposed ordinance would provide an alternative to criminal prosecution of code violations and other existing tools. Staff believes that in some circumstances this could be a more effective tool to promote compliance with the City Code. It would allow the City to impose administrative fines of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation. Each day that a violation continues would be PDF created with pdfFactory Pro trial version www.pdffactory.com83 considered a separate violation of the Code. Costly court action would be avoided except in instances where an individual or entity refuses to respond to a citation or appeals a hearing officer’s finding that a violation has occurred. Unpaid administrative fines would go into a state- established collection process in which delinquent fines are collected via the Franchise Tax Board. The ordinance would require that residents be given the opportunity to correct code violations before any penalty is issued except in cases of immediate danger to health or safety. The ordinance includes procedures for appeals of citations to an impartial hearing officer. Such hearings would provide persons who believe the citation is not warranted to present their case to the hearing officer. Hearing officer decisions may also be appealed to the Santa Clara County Superior Court. Staff recommends that no administrative citations be issued before July. This will allow time for staff training, public education, establishing administrative penalties in the fee schedule and setting up the other aspects of the program. FISCAL IMPACTS: Staff estimates that the collection of fines and penalties should result in a revenue-expense neutral code compliance program. Administrative citations will range from $100.00 up to $500.00 per occurrence. The minimum cost for management and processing through the City’s existing vendor for parking ticket fines is $100.00 per month, or $1,200.00 per year. It is expected that the cost of this service will be offset in part by the intake of civil fines. Staff is recommending that the management processing service not be activated until the following fiscal year. This will provide staff with time to acclimate City residents to the Administrative Citation Ordinance/Program Enforcement without the added expense to this fiscal year’s budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would continue to use its existing enforcement tools as described above. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News. ATTACHMENTS: A. Ordinance PDF created with pdfFactory Pro trial version www.pdffactory.com84 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING THE SARATOGA CITY CODE TO AUTHORIZE ISSUANCE OF ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The California Constitution, Article XI, section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens. The City of Saratoga has a substantial interest in enforcing compliance with its Code in a manner that is efficient, fair, and consistent with applicable state laws. B. The City of Saratoga has a substantial interest in enforcing compliance with its Code in a manner that is efficient, fair, and consistent with applicable state laws. Administrative citations provide an additional tool to help enhance compliance with the Code and lower enforcement costs borne by City taxpayers. C. After conducting a noticed public hearing on December 16, 2009, the Saratoga City Council and considering all evidence and testimony presented at that hearing has determined that it is in the public interest to amend the City of Saratoga Code to authorize the issuance of administrative citations for violations of the City Code. SECTION 2. Adoption. Article 3-30 is hereby added to the Saratoga City Code as shown in Attachment A. SECTION 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). SECTION 4. Severance Clause. The City Council declares that each section, subsection, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. PDF created with pdfFactory Pro trial version www.pdffactory.com85 2 SECTION 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of December, 2009, and was adopted by the following vote following a second reading on the 20th day of January, 2010: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ KATHLEEN KING MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY PDF created with pdfFactory Pro trial version www.pdffactory.com86 1 Attachment A to Ordinance No. __ City of Saratoga Administrative Citations Ordinance Article 3-30. Administrative Citations 3-30.010. - Applicability. (a) Use of this article shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Code, as defined in this article. By adopting this article, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof allowed by law, to address any violations of the City's laws and regulations. (b) This article makes any violation of the provisions of the Saratoga City Code and other regulations subject to civil fines. (c) This article establishes the administrative procedures for the imposition, enforcement, collection and administrative review of civil fines pursuant to California Government Code Section 53069.4. (d) An administrative fine shall be imposed by means of an administrative citation issued by an Enforcement Officer and shall be paid directly to the City of Saratoga. Payment of a fine shall not excuse a failure to correct a violation nor shall it bar further enforcement action by the City. 3-30.020. - Definitions. As used in this article, the following words are defined as follows: "Citation" means an administrative citation that is issued to a responsible person pursuant to this article. "Citee" means a responsible person to whom a citation is issued. "City" means the City of Saratoga, California. "Civil fine" is the monetary sanction established by resolution of the City Council that is imposed by a citation. "Code" means and includes: (1) The entire Saratoga City Code and all Santa Clara County and State codes incorporated therein by adoption or reference; (2) Any condition imposed upon any entitlement, permit, approval or license; (3) Any uncodified ordinance adopted by the Saratoga City Council; and (4) All other State laws applicable to conduct or land use in the City of Saratoga. "Director" means the Community Development Director of the City of Saratoga or that person’s designee. "Enforcement Officer" and “Officer” mean any officer, agent or employee of the City designated by the City Manager to have the authority and responsibility to enforce this Code. PDF created with pdfFactory Pro trial version www.pdffactory.com87 2 "Hearing Officer" means a person, agency or body designated by the City Council to consider all timely requests for an administrative hearing upon issuance of a citation. "Notice of violation" means a written notice to a responsible person that a violation of this Code has occurred. This notice may include a warning that an administrative citation assessing fines may be issued unless the violation is terminated or abated. "Owner" means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, or responsibility for, any real property in the City, including all persons identified as owners on the last equalized assessment roll of the Santa Clara County assessor's office. An owner of personal property or animals shall be any person who has legal title, charge, control or possession of, or responsibility for, property. An owner may include an agent, manager or representative thereof. "Person" means and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City. "Property" or "premises" means any real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property. "Property" shall also include all forms of personal property or animals, where applicable. "Responsible person" means any person, whether as an owner, lessee, licensee, or otherwise, that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty. "Violation" means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A "transient" violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A "nontransient" violation is continuing in nature and generally present at one location and is also described as a “continuing” violation. 3-30.030. - Scope. This article provides for imposition of a civil fine pursuant to a citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or State law. The Enforcement Officer shall have sole discretion to utilize any remedy or remedies as authorized by law. PDF created with pdfFactory Pro trial version www.pdffactory.com88 3 3-30.040. - Issuance of notice of violation. (a) No administrative citation may be issued unless a notice of violation has first been issued in accordance with this section unless the violation creates an immediate danger to health or safety. When an Enforcement Officer determines that a responsible person has committed a violation of the Code, the Officer shall issue a notice of violation to the responsible person. Such notice shall serve as a written warning of responsibility and require immediate action by the responsible person to abate the violation. The notice of violation shall specify a date within a period of at least five days of the issuance or such longer period as the Officer determines, by which the violation can reasonably be abated. If, after said correction period, the violation is not abated, the Enforcement Officer may issue an administrative citation assessing fines in accordance with this article. (b) The notice of violation shall specify: (1) Name and mailing address of the responsible person; (2) The address or description of the location of the violation; (3) The date of commission of the violation(s) or detection thereof by an Enforcement Officer; (4) The Code provision(s) violated; (5) A description of the violation(s); (6) The action(s) required to correct the violation(s) and any deadlines or time limitations for commencing and completing such action(s); (7) Possible amount of the fine for each violation, and the procedure and place to pay the fine(s), and any late charge(s), if not timely paid; (8) The name and signature of the Enforcement Officer issuing the notice of violation; and (9) Any other information deemed necessary by the Officer. (c) On such form as may be provided for by the Director, any responsible person cited for a violation that does not cause immediate danger to health or safety may petition the Officer for an extension of time to correct the violation so long as the petition is received before the end of the period allowed for correction, as stated in the notice of violation. The Officer may, in the Officer’s sole discretion, grant an extension of time to correct the violation if the Officer determines that the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period. The Officer’s decision shall be final and, notwithstanding any other provision of this Code, not subject to appeal except in an appeal challenging the issuance of an administrative citation. 3-30.050. - Issuance of administrative citation. (a) Whenever an Enforcement Officer determines that a violation of the Code has occurred, the Officer may issue a citation on a form approved by the City Attorney imposing a civil fine or fines to the responsible person(s) in accordance with the provision of this Article. The citation shall be issued following the correction period specified in the notice of violation or, if the violation creates an immediate danger to health or safety, concurrently with the notice of violation. PDF created with pdfFactory Pro trial version www.pdffactory.com89 4 (b) An Enforcement Officer may issue a notice of violation and/or a citation for a violation not committed in the Officer's presence if the Officer has determined, through investigation, that the Citee did commit, or is otherwise responsible for, the violation. (c) Each day on which a transient violation occurs and each day upon which a nontransient violation continues, shall be a separate violation for which a citation may be issued. A citation may charge several violations of the Code. (d) Each citation shall contain the following information: (1) Name and mailing address of the responsible person; (2) The address or description of the location of the violation; (3) The date of commission of the violation(s) or detection thereof by an Enforcement Officer; (4) The date the notice of violation was issued and the date that notice set for correction of the violation; (5) The Code provision(s) violated; (6) A description of the violation(s); (7) Amount of the fine for each violation, and the procedure and place to pay the fine(s), and any late charge(s), if not timely paid; (8) When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s); (9) A description of the citation review process and the manner by which a hearing on a citation may be obtained (including the form to be used and the period in which a request must be made in order to be timely); (10) The name and signature of the Officer; and (11) Any other information deemed necessary by the Officer. 3-30.060. - Service. The Enforcement Officer may issue a notice of violation, administrative citation, or any other notice, order, or other document required to be given by this Article by personal service, mail, or posting as specified below. (1) For personal service the Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the document(s) served, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. If an agent, manager or representative of a responsible person is personally served a copy of the document(s) served shall also be served by first class mail to the responsible person at his/her last-known business or residence address as the same appears in the records of the City, or, if the city lacks such records, the County. In such instances, the date a copy of the document(s) served is deposited with the U.S. Postal Service shall constitute the issuance date. PDF created with pdfFactory Pro trial version www.pdffactory.com90 5 (2) For service by mail the Enforcement Officer shall mail the document(s) being served by certified mail, postage prepaid with a requested return receipt at the recipient’s last- known business or residence address as the same appears in public records of the City, or, if the City lacks such records, the County. Simultaneously, the citation may be sent by first class mail. If the document(s) is sent by certified mail and the certification is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the document(s) sent by first class mail is not returned. (3) For violations involving real property, if the Enforcement Officer is not able to serve the responsible party in person or by mail, the Enforcement Officer shall post the document(s) to be served on any real property within the City in which the City has knowledge that the responsible person has a legal interest or possession, dominion and control of, such property, or a portion thereof. Such posting shall be deemed effective service, and the date of posting shall constitute the date of service. 3-30.070. - Civil fines, late charges—Collection of fees and costs. (a) The amount of the fines for violating particular provisions of this Code shall be set in a schedule of fines adopted from time to time by resolution by the City Council in accordance with state law. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time. (b) The schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due. (c) Where no amount is specified by resolution of the City Council, the following fines shall apply: (1) A fine not exceeding $100.00 per day for a first violation; (2) A fine not exceeding $200.00 per day for a second violation of the same ordinance or permit within one year from the date of the first violation; and (3) A fine not exceeding $500.00 per day for each additional violation of the same ordinance or permit within one year from the date of the first violation. Separate fines shall apply for each separate violation, however, in the event that multiple violations are found to occur as a result of an investigation, each such violation listed in the first citation following the investigation shall be considered a “first violation”. (d) Civil fines and any late charges due shall be paid to the City at such location or address as stated in the citation, or as may otherwise be designated by the Director. (e) The due date for the City's receipt of a civil fine shall be thirty (30) calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing. (f) Payment of a civil fine shall not excuse or discharge a Citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code. PDF created with pdfFactory Pro trial version www.pdffactory.com91 6 (g) Abatement of a violation shall not excuse the obligation of a Citee to pay a civil fine, or any late charge. (h) Unpaid civil fines and/or late charges shall constitute a debt that may be collected in any manner allowed by law. Where authorized by law the City shall be entitled to recover its attorney fees and costs arising from an action to collect a civil fine and/or late charge if it is the prevailing person 3-30.080. - Right to an administrative hearing. (a) Any Citee may contest the issuance of a citation by filing a request for an administrative hearing with the Office of the City Clerk. The request for an administrative hearing shall be made on a City-approved form and filed within fifteen (15)calendar days from the issuance date of a citation. If the Office of the City Clerk does not receive the request in the required period, the Citee shall have waived the right to a hearing and the citation and fine shall be deemed final. (b) No fee shall be charged for the filing of a request for a hearing. (c) Requests for a hearing shall be accompanied by the entire amount of the fine stated in the citation. Failure to deposit a fine, or the tender of a nonnegotiable check in the required period, shall render a request for an administrative hearing incomplete and untimely. Fines that are deposited with the City shall not accrue interest. Fines deposited shall be returned to the person tendering the fines within thirty (30) days in the event a citation is overturned. The City Manager, upon concurrence of the Director of Public Works, may waive the requirement for advance deposit of the fee for hardship in accordance with hardship standards and procedures to be adopted by the City Manager and Director of Public Works from time to time. 3-30.090. - Administrative Hearing. (a) The City Council shall designate or appoint, in accordance with applicable law, a Hearing Officer. The employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer. (b) The hearings shall be attended by the Enforcement Officer and the Citee (or authorized representative of Citee) and conducted pursuant to reasonable procedures to be established by the Hearing Officer. (c) After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer shall issue an administrative order at the conclusion of the hearing or within fifteen (15) days to uphold or overturn the citation and shall state the reasons thereof. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer shall order correction thereof in the decision and state deadline(s) to complete such action(s). The decision of the Hearing Officer shall be final. All fines shall become immediately due and owing to the City in the full amount and if not paid may be collected as provided in this Code. (d) The Superior Court is the sole reviewing authority and an appeal from a Hearing Officer's decision is not appealable to the City Council. If a responsible person prevails on appeal, the City PDF created with pdfFactory Pro trial version www.pdffactory.com92 7 shall reimburse that person’s fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within thirty (30) calendar days of the City's receipt of a notice of judgment or ruling from the Superior Court Clerk. 3-30.100. - Collection of delinquent fines. (a) The City may use all available legal means to collect past due fines and other related costs. (b) Any person who fails to pay any fine shall be liable in any action or collection procedure brought by the City for all costs incurred to obtain payment of the delinquent amount, including, but not limited to, administrative costs, collection costs, and attorneys' fees. (c) Collection costs shall be in addition to any penalties, interest and late charges imposed upon the delinquent obligation. (d) Commencement of an action to collect a delinquent fine shall not preclude issuance of one or more additional citations to the legally responsible person if the violation or violations persist after the date for correcting them as stated in the administrative order. 3-30.110. - Collection by lien. (a) If the fine owed by a Citee is for one or more violations on the Citee’s property, and the citation was issued to abate a nuisance, and the amount has been delinquent ninety (90) days or more, the delinquent amount shall become a lien on the property on which the violations occurred. (b) The City shall give written notice to the Citee of a hearing before the City Council regarding the delinquent fine amount and related costs. The notice shall be mailed by first class mail at least fourteen (14) days before the hearing. The notice shall state: (1) The citation or citations resulting in the delinquent fine amount; (2) The total of the delinquent fine amount and related costs; (3) The date the delinquent fine amount was due; (4) The street address, assessor's parcel number and legal description of the property upon which the violations occurred; (5) The date, hour and place of the hearing; (6) A statement that the cited person or other legally responsible person may appear and be heard; (7) A statement that unless the fine amount is paid by the date specified in a resolution by the City Council, the total amount due will become a lien and special assessment on the property. (c) At the lien hearing, the City Council shall hear and consider all competent evidence about the delinquent fine amount. If it finds the amount is delinquent, it shall make a finding of fact confirming that the delinquent fine amount and related costs are due the City as costs of nuisance abatement. If the delinquent amount are affirmed, the total amount due is to be paid to the City within five (5) days, after which the amount due will become a lien on the property. PDF created with pdfFactory Pro trial version www.pdffactory.com93 8 (d) If the amount due is not paid within five (5) days after the City Council confirms it and orders it paid, the amount due shall constitute a lien upon the real property upon which the nuisance violations existed and shall be a special assessment against the property. The lien shall continue until the amount due and interest, computed at six (6) percent per annum from the date of the City Council's confirmation, is paid or until it is discharged of record. If the amount due is not paid as required by the City Council's order, a notice of lien shall be recorded in the Office of the County Recorder and delivered to the County Tax Collector. The notice of lien shall be in substantially the following form: NOTICE OF LIEN CLAIM OF THE CITY OF SARATOGA By the authority of Chapter 3 the Saratoga City Code, an administrative citation or citations were issued regarding nuisance abatement at the real property described below. Fines were assessed for the nuisance. By action of the City of Saratoga City Council, recorded in its official minutes, the fines and related costs were confirmed as delinquent and assessed against the property as costs of nuisance abatement. The delinquent amount was not paid, therefore the City of Saratoga claims a lien on the real property for the costs of abatement in the amount of $ ____________/ ____________/ ____________, which shall be a lien on the real property until it is paid, with interest at the rate of 6% per annum from the ____________day of ____________, 2 ____________[insert the date the City Council confirmed the delinquent fines and related costs]. The lien shall continue until paid in full and discharged of record. It shall also be a personal obligation against [insert name of property owner]. The real property upon which a lien is claimed is that certain parcel of land in the City of Saratoga, County of Santa Clara, State of California, described as follows: [Insert legal description.] Dated this ____________day of ____________, 2 ____________ . City of Saratoga By: ____________ Mayor, City of Saratoga (e) After the lien is confirmed and recorded, a certified copy of it shall be filed with the County Auditor. The description of the parcel reported to the Auditor shall be the one used by the County Assessor's map book for the current year. The County Auditor shall enter each assessment on the County tax roll for the reported parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. PDF created with pdfFactory Pro trial version www.pdffactory.com94 9 (f) If delinquent, the lien amount is subject to the same penalties and procedure of foreclosure provided for ordinary municipal taxes. As an alternative method of collection, the County Tax Collector, in his/her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessment. laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment. (g) The City may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the statement, before August 1st of that current year. The City Council may order a refund of any lien or assessment paid under this section if it finds that all or part of the assessment has been erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after taxes become due and payable. The claim shall be verified by the person who pays the tax, or his/her guardian, executor, or administrator. 3-30.120. - Responsibility of parent(s) and/or legal guardians. Whenever the responsible person is a person under the age of eighteen (18), the Enforcement Officer shall provide copies of all notices, citations, and other documents specified in this article to the parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to this article many be levied jointly and severally against the juvenile and the parent(s) and/or legal guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to a hearing and judicial review as set forth in this article. 3-30.130. - Miscellaneous provisions. (a) Failure of a Citee to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any Hearing Officer decision that is deemed confirmed, shall constitute a misdemeanor. (b) Any person having a record of noncompliance with corrective action or nonpayment of fine(s) may be required to post security in the form acceptable to the City Attorney to ensure compliance with the Code as a condition to the issuance of any entitlement, permit, approval or license. (c) The Officer may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the Citee in writing. (d) The City Manager is authorized to promulgate procedural rules and regulations governing the civil administrative citation process consistent with this Article and applicable law. P:\SARATOGA\RESOLUTI\Draft Administrative Citation Ordinance 12-07-09.doc PDF created with pdfFactory Pro trial version www.pdffactory.com95 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Approval of Sport User Agreements - 2010 RECOMMENDED ACTION: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks, West Valley College, and Prospect High School for organized sport use, and authorize the City Manager to execute the same. REPORT SUMMARY: Currently the City has executed user agreements with seven organized youth sport groups: American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Youth Soccer League (WVYSL), West Valley Lacrosse Club (WVLC), and Saratoga Pony League (SPL). The following is a summary of the user agreements the City manages: Sport User Use Location AYSO Kevin Moran Park (practice only) Congress Springs Park Prospect High School West Valley College DYSL El Quito Park (practice only) Prospect High School West Valley College Kevin Moran Park (practice only) SLL Congress Springs Park QLL El Quito Park (practice only) PDF created with pdfFactory Pro trial version www.pdffactory.com96 Page 2 of 2 Sport User Use Location WVLC Prospect High School SPL Congress Springs Park WVYSL Prospect High School User agreements are necessary to manage sport use in the City by scheduling activities, controlling impacts to City parks, and recovering maintenance costs. The maintenance fees charged to the sports user groups that use City Parks are based on additional park maintenance required above the normal maintenance practices that would be employed, absent the impacts of a particular sport being played. Additional maintenance activities include, but are not limited to additional mowing, watering, fertilizing, seeding, aeration, clean-up, and pre and post field preparation. In addition, baseball and soccer each have different needs and place different demands on a park’s infrastructure, thus they have different maintenance fees. Each year these fees go up or down based on the actual maintenance costs during the use period. Some fees charged this year were adjusted to keep pace with increases in costs. The facility use agreements between the City and Campbell Union High School District (Prospect High School) and the City and West Valley College stipulate a payment for hourly usage of their fields. The hourly rate of $35 is a pass through via the youth sports groups with whom the City has user agreements. FISCAL IMPACTS: Approximately $104,000 in annual revenue and expense. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The User Agreements would not be approved and another mechanism for the use of City parks and outside venues by sport users would need to be developed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The User Agreements will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Sport User Agreements. PDF created with pdfFactory Pro trial version www.pdffactory.com97 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December (“Soccer Season”). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. Page 1 of 6 98 (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Prepare fields for games including lining of fields. (d) Ensuring the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway 85 by any AYSO member during the Soccer Season, AYSO’s rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of the Soccer Season, for the following Soccer Season. (e) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (f) Ensuring the safety of all User Group activities. (g) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the Soccer Season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. Page 2 of 6 99 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. Page 3 of 6 100 (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Page 4 of 6 101 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Page 5 of 6 102 Page 6 of 6 Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation American Youth Soccer Organization By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 103 Exhibit “A” Additional City Maintenance at Congress Springs Park – For AYSO Region 27 Soccer Pre-Season Tasks • Fill low areas with sand 8 hours • Fertilize fields 6 hours • Thatch fields 16 hours • Aeration of fields 12 hours • Rolling and leveling of fields 32 hours Regular Season Tasks • Aerate 6 hours • Mow 2 times per week 40 hours • De-thatch, thinning of turf 16 hours • Spreading of soil penetrants, and repair of wet areas/worn areas in turf 24 hours • Spot fertilizing of worn areas 12 hours • Fertilization 6 hours Total Hours 178 hours @ $34.00/hr = $6,052 • Administrative Costs: 10 hrs @ $59.00 = $590 Total Cost Labor: $6,642 Post Season Tasks/Materials - Top dressing of fields with sand $8,000 - Fertilizer $800 - Soil penetrants and turface $1,200 Total Post Season Tasks/Materials: $10,000.00 Total Cost Labor + Post Season Tasks/Materials: $16,642.00 - Re-soding of fields (if needed) +/- $2,000.00 (exact amount to be determined at end of season based on wear of turf) 104 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA LITTLE LEAGUE BASEBALL, INC. (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the AA field, Farm fields, and T-Ball fields must cease by July 1st each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” Page 1 of 7 105 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b) Maintenance of electronic scoreboards. (c) Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. (e) Prepare fields for games including dragging and lining of infields. (f) Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (g) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. (h) Ensuring the safety of all User Group activities. (i) Locking of batting cages, storage areas, and storage area in Maintenance Yard. (j) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7 106 (k) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. Page 3 of 7 107 In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California labor code section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 108 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7 109 12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 13. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 110 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Saratoga Little League Baseball, Inc. By:_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 111 ‘Exhibit A’ Additional City Maintenance Tasks at Congress Springs Park – For Saratoga Little League Pre-Season Tasks • Field set up; bleachers, backstops, bases, and field layouts. 32 hours • Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher’s mounds. 40 hours • Renovation of practice mounds, pitchers mounds, and batters boxes on all fields. 24 hours • Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks • Reseeding of infields 8 hours • Mowing 2 times per week 30 hours • Fertilizing 2 times 12 hours • Field prep and clean up (weekly) 30 hours End of Season Tasks • Field Conversion and field removal. 81 hours • Repair of holes and sod areas 9 hours Total Hours 282 hrs @ $34.00/hr = $9,588 • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost Labor: $9,407 Materials - Cinder clay, pitchers mound clay $3,200 - Re-soding of fields +/- $7,000 (amount to be determined at end of season based on wear of turf) Total Material Costs: $10,200 Total Cost Labor + Materials: $19,607 112 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA PONY, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 113 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 114 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 115 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 116 d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 117 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 118 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Saratoga Pony By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 119 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre-Season Tasks • Replacement of cinder clay infield mix 6 hours • Renovation of pitchers mound and practice mounds 4 hours • Scarify, roll, clean up fields, leveling 12 hours • Reseeding of infield turf and topdressing 6 hours Regular Season Tasks • Fertilizing and reseeding of infield turf 4 hours • Mowing 2 times per week 10 hours • Field prep and clean up (weekly) 12 hours • Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering, hole repair End of Season Tasks • Repair of work turf with resoding 18 hours • Aeration of field 3 hours Total Hours: 85 hours @ $34/hr = $2,890 • Administrative Costs 2 hrs @ 59/hr = $118 Total Staff Costs: $3,008 Materials - Cinder clay and pitchers mound clay $920.00 - Sod for infield turf 650.00 (amount to be determined at end of season) Total Material Costs: $1,570.00 Total Cost Labor + Materials: $4,578 120 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and De Anza Youth Soccer League (“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a soccer field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule “Exhibit B”). Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. (c) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the soccer season, at which time User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6 121 (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Page 2 of 6 122 Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. 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 User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. Page 3 of 6 123 c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All Page 4 of 6 124 correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 5 of 6 125 Page 6 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 126 EXHIBIT “A” DYSL SOCCER (El Quito Park) TASK: REGULAR SEASON CITY STAFF: • AIRATE (Two times/yr @ 4hrs) 16 HRS • SPIKE AIRATE (10 times/yr @ 4hrs) 40 HRS • ADDITIONAL MOWING(12 times/yr @ 2hrs) 24 HRS • OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @ $34/hr = $2,750 POST SEASON • CORE AIRATE 4 HRS • FERTILIZE 1 HRS 5 HRS @ $34/hr = $170 • ADMINISTRATIVE COSTS 10 HRS @ $59/hr = $590 • TOTAL STAFF COSTS PER SEASON $3,510 • FALL/SPRING SEASONS = $3,510 x 2 = $7,020 MATERIALS: • TOP DRESS (Contract Work/Materials) $5,500 FERTILIZE (22-4-4) 20 Bags x $10.50 $210 • SEED (200 Lbs) 200lbs x $1.00 $200 • TOTAL MATERIALS $5,710 TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) = $12,730 • RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 127 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = D Y S L NO T E : F I E L D I S C L O S E D F O R R E S T A N D M A I N T E N A N C E A C T I V I T E S B E G I N N I N G T H E 1 S T O F J A N U A R Y T O M I D F E B R U A R Y . December EL Q U I T O P A R K U S E A G E - E X H I B I T " B " Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l 12 8 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and Quito Little League (“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a baseball/softball field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Quito Little League shall have the right to use the baseball/softball field pursuant to this Agreement during the months of January through June (“Baseball Season”).User Group shall inform City as to the starting and ending dates of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the baseball/softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. Page 1 of 6 129 (c) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d) No hard balls or outfield batting practice is allowed. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park (baseball/softball field), User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 130 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities Page 3 of 6 131 performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2009. If City determines User Group is Page 4 of 6 132 violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. Page 5 of 6 133 Page 6 of 6 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal corporation Quito Little League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 134 13 5 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement AYSO shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 136 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all AYSO activities. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (c) Ensuring the safety of all User Group activities. (e) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 137 Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 138 1. General Liability Coverage. a. 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 User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 139 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 140 Page 6 of 6 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation American Youth Soccer Organization By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 141 Exhibit “A” Additional City Maintenance at Kevin Moran Park - AYSO TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 • TOP DRESS $6,000 • Administrative Costs: 4 hrs @ $59/hr $236 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD 142 143 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement DYSL shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following: Page 1 of 6 144 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all DYSL activities. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c) Ensuring the safety of all User Group activities. (e) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 145 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 146 1. General Liability Coverage. a. 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 User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 147 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 148 Page 6 of 6 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] 149 Exhibit “A” Additional City Maintenance at Kevin Moran Park - DYSL TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 • TOP DRESS $6,000 • Administrative Costs: 4 hrs @ $59/hr $236 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD 150 151 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 152 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 153 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 154 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 155 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 156 Page 6 of 7 11. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ 157 Page 7 of 7 DATED: ___________________ APPROVED AS TO FORM: _____________________________________ 158 159 160 161 162 163 164 165 16 6 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y 16 7 Attachment “C” Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD 168 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 169 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 170 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 171 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 172 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 173 Page 6 of 7 11. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ DE ANZA YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: 174 Page 7 of 7 DATED: ___________________ _____________________________________ 175 176 177 178 179 180 181 182 18 3 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y 18 4 Attachment “C” Service Charge for Use of Prospect High School Turf Fields DYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD 185 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY LACROSSE CLUB, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 186 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 187 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 188 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 189 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 190 Page 6 of 7 11. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ WEST VALLEY LACROSSE CLUB By: ________________________________ APPROVED AS TO FORM: 191 Page 7 of 7 DATED: ___________________ _____________________________________ 192 193 194 195 196 197 198 199 20 0 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y 20 1 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD 202 Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. 203 Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such 204 Page 3 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. 205 Page 4 of 7 8. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and 206 Page 5 of 7 volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 207 Page 6 of 7 11. 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 directed to the address specified below. 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. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ WEST VALLEY YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: 208 Page 7 of 7 DATED: ___________________ _____________________________________ 209 210 211 212 213 214 215 216 21 7 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y 21 8 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD 219 AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated , , by and between the CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 220 2. Responsibilities of User Group. User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e) Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f) Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 221 Public Works Director and/or his (her) City employee designee to ensure the long term health of the fields. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of College for up to one week. 2nd Penalty during season: No use of College for up to one month. 3rd Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 222 (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Page 4 of 6 223 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12. 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 directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 224 Page 6 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: _____________________________________ 225 226 227 228 229 230 231 232 23 3 sm t w the fs s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = C O L L E G E U S E NO T E : S C H E D U L E D U S E O F C O L L E G E P L A Y F I E L D S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . WE S T V A L L E Y C O L L E G E C A N C H O O S E U P T O T H R E E S U N D A Y S D U R I N G T H E C O L L E G I A T E S O C C E R S E A S O N F O R T H E I R U S E Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y At t a c h m e n t B Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December WE S T V A L L E Y C O L L E G E U S A G E M A T R I X 23 4 Attachment “C” Service Charge for Use of West Valley College Grass Fields AYSO The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 25 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) • Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) • Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD 235 AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated , , by and between the CITY OF SARATOGA, a municipal corporation (“City”), and De ANZA YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 236 2. Responsibilities of User Group. User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e) Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f) Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 237 Public Works Director and/or his (her) City employee designee to ensure the long term health of the fields. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of College for up to one week. 2nd Penalty during season: No use of College for up to one month. 3rd Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 238 (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Page 4 of 6 239 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12. 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 directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 240 Page 6 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By: _________________________________ DATED: ___________________ De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: _____________________________________ 241 242 243 244 245 246 247 248 24 9 sm t w the fs s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = C O L L E G E U S E NO T E : S C H E D U L E D U S E O F C O L L E G E P L A Y F I E L D S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . WE S T V A L L E Y C O L L E G E C A N C H O O S E U P T O T H R E E S U N D A Y S D U R I N G T H E C O L L E G I A T E S O C C E R S E A S O N F O R T H E I R U S E Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y At t a c h m e n t B Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December WE S T V A L L E Y C O L L E G E U S A G E M A T R I X 25 0 Attachment “C” Service Charge for Use of West Valley College Grass Fields DYSL The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. • Base Cost: hours scheduled @ $35.00/hour = $TBD • City Labor Costs: 25 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) • Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) • Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD 251 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proposed Amendment to Valley Transportation Authority (VTA) Joint Powers Agreement RECOMMENDED ACTION: Approve proposed amendment to VTA Joint Powers Agreement. REPORT SUMMARY: At the November 5, 2009 VTA Board of Directors meeting, the Board voted to reconfigure the small city groupings to include a new city group comprised of Sunnyvale, Santa Clara and Milpitas. In order to make this change to VT A's governance structure, an amendment must be made to the Joint Powers Agreement for the Administration of the Santa Clara County Congestion Management Program dated December 1, 1994 (JPA). VTA has requested that the Council consider the changes to the VTA JPA Attached for your information is the Board Memo describing the background of this change, a copy of the Board Resolution, and the proposed amendment to the VTA Joint Powers Agreement. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: PDF created with pdfFactory Pro trial version www.pdffactory.com252 Posting of the agenda. ATTACHMENTS: Attachment A – Valley Transportation Authority Letter dated December 15, 2009 including VTA Board Memo, Board Resolution and proposed Amendment PDF created with pdfFactory Pro trial version www.pdffactory.com253 254 255 256 257 258 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Resolution Declaring a Public Nuisance as to Specified Properties Containing Hazardous Vegetation (Weeds) RECOMMENDED ACTION: Conduct public hearing and adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Saratoga’s Hazardous Vegetation Abatement Program administered by the Office of the County Agricultural Commissioner. The Commissioner has sent owners of the parcels requiring weed abatement a notice informing them that the weeds must be abated, either by the owners or if not done by the owners in a timely manner, then by the County. The notices also informed them that they may present objections at the January 20, 2010 public hearing scheduled before the City Council. A representative from the Office of the County Agricultural Commissioner will be attending the meeting to answer any questions Councilmembers may have on this proposed resolution as to the specific properties involved. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the County will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None FOLLOW UP ACTION: PDF created with pdfFactory Pro trial version www.pdffactory.com259 Upon adoption of the proposed resolution and pursuant to City Code Section 7-15.060, the County will send one additional notice to the owners of the properties to abate the hazardous vegetation nuisance on their property or demonstrate at a public hearing before the City Council on March 17, 2010 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter, at the property owner’s expense. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed written notice to owners of specified property containing hazardous vegetation (weeds) requiring abatement, and posting of the agenda. ATTACHMENTS: Attachment A – Resolution Attachment B – Exhibit A – Commencement Report PDF created with pdfFactory Pro trial version www.pdffactory.com260 RESOLUTION NO. 10 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION WHEREAS, the Saratoga City Council has declared hazardous vegetation to be a public nuisance by Resolution No. 09 -068 adopted December 16, 2009; and WHEREAS, the Office of the County Agricultural Commissioner subsequently gave notice to all property owners of specific properties he had identified as containing hazardous vegetation (weeds) described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk, and of the County Agricultural Commissioner; and WHEREAS, said notice informed the owners of the properties specified in Exhibit A attached hereto that the City Council would hold a public hearing on January 20, 2010 to consider any protests or objections to the declaration of a nuisance on pre-specified properties so as to require the owners of these properties to remove the hazardous vegetation or be subject to a subsequent order for abatement authorizing the County Agricultural Commissioner to perform the abatement; WHEREAS, a public hearing on said notice was held on January 20, 2010; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance as determined in general by resolution dated December 16, 2009, and as to specified properties as determined by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice specified in the preceding paragraph shall require that owners of the properties identified in Exhibit A to abate the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on March 17, 2010 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense. 261 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 20th day of January 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Ann Sullivan City Clerk 262 263 264 265 266 267 1 SARATOGA CITY COUNCIL MEETING DATE: January 20, 2010 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities Director DIRECTOR: Michael Taylor SUBJECT: Options for Facility Rental Policy for Non-Profit Fundraisers RECOMMENDED ACTION: Review report and provide direction for the City’s facility rental policies and rental fees for non-profit group fundraising use. REPORT SUMMARY: In the wake of several requests from non-profit groups for facility rental fee waivers while conducting fundraising activities, this report is designed to outline several options for amending the existing Facility Use Policy and Fee Schedule. This report summarizes current City policy on this subject and provides Council with alternatives to the current policy. DISCUSSION: The Facility Use Policy that governs the use of all City owned buildings was last revised in July 2007. Non-profit organizations are awarded a 50% discount on rental fees provided they meet the following criteria: · They must provide evidence of their non-profit status. A copy of their letter from the California Secretary of State’s office with their non-profit ID number indicated is required. · Their membership must be at least 51% Saratoga residents OR at least 51% of the persons in attendance at their event must be Saratoga residents. · The event must be open to the public, advertised as such and is for the public benefit · Non-profit groups requesting the use of City facilities for the purpose of fundraising or when an admission fee is charged will pay the regular rental fee. It is the last point that has prompted several non-profit groups to request fee waivers to allow them to receive the non-profit discount for their fund-raising activities. Understandably, the City Council would like the process to be simplified so that these groups would not be required to come before Council for a fee waiver each time they desired to host a fund-raising activity for their cause. While facility rental rates charged by the City of Saratoga are comparable to fees charged by other area agencies, staff has identified several options to incorporate into the existing use PDF created with pdfFactory Pro trial version www.pdffactory.com268 2 policy that would allow for a reasonable accommodation of the non-profit groups’ needs as well as the City’s need to generate sufficient revenue to cover at least 65% of the costs to provide the rental facilities. These options include different rental rates for peak versus off- peak use days/hours; a new fee for non-profit groups wishing to host a fund raising event that is more than the regular discounted rate of 50% but less that the non-discounted rate of 100%; allow each Saratoga-based non-profit a set number of fund-raising dates which could be reserved at the regular non-profit discounted rate. Option 1 - Peak versus Off-Peak This option would define peak use times as Friday night and all day and night on Saturdays and Sundays. All other days and times would be considered off-peak. This strategy is most often used to encourage use of facilities that typically have times of light demand. Most cities that have a differentiation between peak and off-peak rental rates have rates that range 10% to 100% more for peak time rental than off-peak. Should this option be chosen, staff recommends that off peak rental rates be set at 80% of the peak rental rates. This will keep Saratoga’s rental rates in line with the rates charged by other cities. Option 2 – Non-Profit Fundraising Rate This option would add another tier to the fee structure to provide for an intermediate rate between non-profit uses for their regular group activities such as meetings, and the current structure for fundraising events sponsored by non-profits. Currently fundraising events must pay 100% of the hourly rental rate while a meeting held by a non-profit group pays only 50% of the hourly rate. Should this option be chosen, staff recommends that a fundraising structure of 75% of the full hourly rate be established for non-profit groups. It is further recommended that only Saratoga resident groups (defined as having 51% or greater Saratoga residents as members) or groups the City Council grants co-sponsorship status qualify for this rate. Option 3 - Allocation of Fundraising Events This option provides for each qualifying non-profit to hold a certain number of fundraising events at City facilities for the discounted rate of 50% off the normal rate. Should this option be selected, staff recommends that City Council cap the number of events qualifying for this discount at 1 or 2 per year per organization. RECOMMENDATION: Staff recommends strong consideration of either option 2 or 3 or a combination of the two. While Option 1 would encourage rentals during off-peak times, it is those times that are frequently used by the City for meetings and recreation programs. The potential revenue gain is minimal in light of the loss of the use of City facilities for City business. Options 2 and 3 will save groups money without hampering their marketing efforts. A combination of Option 2 and Option 3 will give non-profit groups a discount while also limiting the potential reduction of City revenues. Most non-profit groups conduct 1 or 2 major fundraising events per year. If applied to City facility use applications judiciously, groups can maximize the benefit they will receive from this discount. It is further recommended that the criteria for qualifying for this rate be kept as is: 51% of the group’s membership be Saratoga residents and be a registered non-profit group. Staff recognizes that there may be some de-facto groups that have not gone through the non- profit incorporation process and suggests that a process for granting these groups non-profit status for the purposes of qualifying for the rental rate discount be established. Many cities PDF created with pdfFactory Pro trial version www.pdffactory.com269 3 have a system where groups apply for co-sponsorship to the City Council through an annual process. Once granted, their status is renewed pending no significant changes to their mission and membership. A sample of such a process is included as an exhibit to this report. FISCAL IMPACTS: The City currently receives approximately $20,000 per year from rentals involving fundraising activities. Adopting a combination of Options 2 and 3 would result in approximately $5,000 per year less income than currently realized (equivalent to a 25% reduction in fees). This may be mitigated somewhat by revenue generated as a result of the availability of the Saratoga Prospect Center’s Friendship Hall that has recently become available for rental. ALTERNATIVE ACTIONS: · Alternate A: The City Council could leave the policy as it is and establish a grant fund from the Council Contingency to pay a portion of the rental fees to assist non- profit groups in their fundraising efforts. An annual process is recommended for this purpose. · Alternate B: Ease the requirements for non-profit group usage and reduce the % cost recovery for the Recreation & Facilities Department commensurately. FOLLOW UP ACTION: Give direction to staff for policy and fee changes. Publish any changes to the policy and fees on the City website and make it available to the public. ADVERTISING, NOTICING AND PUBLIC CONTACT: City Council meeting noticed on January 13, 2010. ATTACHMENTS: Attachment A - Existing Council Policy for Use of City Facilities Attachment B - Survey of Neighboring Cities Facility Use Fees re: Non-Profit Use Attachment C - Annual Co-Sponsorship Process Outline PDF created with pdfFactory Pro trial version www.pdffactory.com270 Attachment A Revised 07/01/2007 City of Saratoga Facility Use Policy RESERVATIONS · All Saratoga facility reservations are made on a first come, first serve basis. The Facility Reservation form must be completed and delivered to the office of the Community Center. The completed Facility Reservation form must be accompanied by the Processing Fee and Security Deposit. City of Saratoga initiated and/or sponsored activities, programs or meetings will be given priority use of Saratoga facilities. · Reservations may not be made more than one year in advance of date of use. If one year before the date requested falls on a Saturday, the reservation may be made on the preceding Friday. If one year before the date requested falls on a Sunday, the reservation may be made on the following Monday. · Rental groups must vacate the facility by 1:00 A.M. on Friday and Saturday and 12:00 A.M. on Sunday. · The City of Saratoga reserves the right to refuse rental of the facility. PROCESSING FEE & SECURITY DEPOSIT · The non-refundable Processing Fee is to be paid at the time the Facility Reservation form is completed. · The Security Deposit is to be paid at the time the Facility Reservation form is completed and it is to be in the form of check or cash. Security Deposits are refunded within one month after the date of the event. If there are additional charges, damage to the building or contents, overtime, or maintenance charges, then a deduction will be made from the Deposit and the balance refunded. If the Deposit does not cover the charges, the applicant will be responsible for additional fees. If the clean-up is not completed the entire Deposit shall be forfeited. · All checks are to be made payable to the City of Saratoga. · There are no refunds for hourly Rental Fees that have been contracted and have not been used. · Applicants may only exceed their reservation time limit if facility schedules and staff availability permit it. PDF created with pdfFactory Pro trial version www.pdffactory.com271 Attachment A Revised 07/01/2007 CANCELLATION POLICY · If the event is cancelled between 6 and 12 months in advance one third of the Deposit will be forfeited. Between 3 and 6 months cancellation notice will result in forfeiture of two thirds of the Deposit. The City will retain 100% of the Deposit if the cancellation is less than 3 months from the event. · If notification of cancellation is made less than thirty days in advance of the event, the entire Rental Fee will be forfeited. NON-PROFIT GROUPS For non-profit rental fee it is necessary to meet the following criteria: · Be non-profit and show evidence thereof. · At least 51 % of persons in membership or attending the function are Saratoga residents. · Event is open to the public, advertised as such and is for public benefit. · Non-profit groups requesting use of Saratoga facilities for the purpose of fund-raising or when an admission fee is charged pay regular rental fees. SET UP & CLEAN UP · The applicant is responsible for the set up and clean up of the event. · Set up and clean up time must be included in the use time and appropriate fees will be charged. · Clean up responsibilities include: *Cleaning and returning tables and chairs to proper storage areas. *Removing all decorations. *Emptying trash and garbage cans into the outdoor dumpster. *Excess debris on floors must be swept. *Brooms and mops will be provided. *Cleaning supplies are not provided. • Kitchen use and clean up responsibilities include: *The garbage disposal is to be used for food wastes only - exception of coffee grounds. *The stove, sinks and counters are to be wiped clean. USE OF ALCOHOL · At private events held at Saratoga facilities, alcoholic beverages may be served only after the Permission to Serve Alcohol form is completed. · A non-profit group or organization wishing to sell alcoholic beverages, or charging an admission price which includes alcoholic beverages will be required to obtain, at their own expense, the appropriate license from the Alcoholic Beverage Control Dept. · A 24 hour liquor license can be acquired at the: Alcoholic Beverage Control Dept. 100 Paseo de San Antonio, Suite 119 San Jose, CA 95113 (408) 277-1200 PDF created with pdfFactory Pro trial version www.pdffactory.com272 Attachment A Revised 07/01/2007 ROOM CAPACITIES The numbers listed below are room capacities determined by the Fire Marshall. Standing Sitting Multipurpose Room 400 190 Senior Center 275 130 Dance Studio 45 30 Patio Room 50 40 Arts & Craft Room 50 40 Warner Hutton House 60 40 North Campus Main Room 80 50 North Campus Meeting Room 20 12 Fellowship Hall 346 150 GENERAL REGULATIONS · An employee of the City of Saratoga shall be present during all hours of use of the facility. The employee on duty will be responsible for control of lights, equipment and the opening and closing of the facility. The Facility Attendant will usually be in the main office and will be available to answer any question regarding use of the building. The staff person is not responsible for set up or clean up. · Groups composed of minors must be supervised by one (1) adult for each ten (10) minors at all times while they are using the facility. · The use of nails, staples, screws, etc. on walls, table or other equipment is not permitted. Tape, if used must be carefully removed immediately following the event. · Applicant will be responsible for any damage to facilities and must leave facilities in the same condition received, including areas outside of building. · The City of Saratoga is not liable for accidents, injuries or loss of individual property in connection with use of Saratoga facilities. The City may require proof of insurance coverage. · Users shall observe, obey and comply with all applicable City, County, State and Federal laws. · Approval for use will not be granted to persons under 21 years of age. · The lobby areas are not available for use during functions without advanced approval. PDF created with pdfFactory Pro trial version www.pdffactory.com273 Attachment A Revised 07/01/2007 Saratoga Facility Rental Fees Processing Fee The non-refundable Processing Fee of $35.00 is to be paid at the time the Reservation form is completed. Security Deposit The refundable Security Deposit of $300.00 (refundable Security Deposit for North Campus Fellowship Hall is $500.00) is to be paid at the time the Reservation form is completed. Rental Fees The Rental Fees are to be paid 30 days in advance of event. COMMUNITY CENTER Multipurpose Room w/kitchen $120/Hour Senior Center Room w/kitchen $110/Hour Patio Room $55/Hour Dance Studio $50/Hour Arts & Craft Room $50/Hour Garden Patio $225/Day* *Available only when renting a room w/kitchen. WARNER HUTTON HOUSE House & Garden $115/Hour NORTH CAMPUS Main Room $100/Hour Conference/Meeting Room $ 40/Hour AVAILABLE DISCOUNTS Saratoga Residents 10% of Rental Fee Non-Profit Organizations 50% of Rental Fee Only one discount will be applied PDF created with pdfFactory Pro trial version www.pdffactory.com274 Attachment B Survey of Rental Rates for Banquet Facilities November 2009 City Banquet Rate Non-Profit Rate Fundraising Rate Comments Saratoga $120/hour $60/hour $120/hour Campbell $135/hour $90/hour $135/hour Cupertino $230/hour $80/hour $80/hour Mountain View $86/hour $64.25/hour $128/hour To qualify for the non-profit rate, organizations must show evidence of 501(c)3 or similar status, have at least 51% Saratoga residents in membership, the event must be open to the public & public benefit.All fundraising events or events where admission is charged are To qualify for the non-profit rate, organizations must show evidence of 501(c)3 orsimilar status, have at least 51% Campbell residents in membership, the event must be open to the public with no admission or funds collected at the event. A non-profit organization wishing to hold a fundraising event pays To qualify for the non-profit rate, organizations must show evidence of 501(c)3 or similar status&have at least 51% Cupertino residnets in membership. Nonresident non-profit organizations may use the facility at $140/hour. There is no distinction for fundraising activities. To qualify for the non-profit rate, organizationsmust show evidence of 501(c)3 or similar status & have at least 51% Mountian View residents in membership. Fundraising events are limited to one event per organization per year and are only allowed by Mountain PDF created with pdfFactory Pro trial version www.pdffactory.com 275 Attachment B Survey of Rental Rates for Banquet Facilities November 2009 City Banquet Rate Non-Profit Rate Fundraising Rate Comments Santa Clara $151/hour no charge 15% of gross or $151/hour Sunnyvale $200/hour $200/hour $200/hour Milpitas $100/hour $100/hour $100/hour Palo Alto $127.50/hour $85/hour $127.50/hour To qualify for the non-profit rate, organizations must show evidence of 501(c)3 or similar status & have at least 51% Santa Clara residents in membership. Fundraising events are charged the same rate as private parties or 15% of the gross receipts whichever is 4-hourminimum is required. Off peak uses (Monday-Thursday & Friday until 6 PM) are billed at $100/hour & $75/hour for non-profits with a 2-hour minimum. Proof of non-profit status is required (501(c)3 or equivalent) as is 51% Sunnyvale residents in membership to receive the non-profit rate. 3-hour minimum required. To qualify for non-profit rate, organizationsmust show evidence of 501(c)3 or similar status & have at least 51% Milpitas residents in membership. Senior Citizen groups, public & private schools, Chamber of Commerce & governmental agencies are exempt from all fees except staff costs and application fee. 4-hour minimum required. To qualify for non-profit rate, organizations must show evidence of 510(c)3 or similar status & have at least 51% Palo Alto residents in membership. Off Peak rates available to non-profits on Mondays, Tuesdays, Wednesdaysor Thursdays. PDF created with pdfFactory Pro trial version www.pdffactory.com 276 Attachment B Survey of Rental Rates for Banquet Facilities November 2009 PDF created with pdfFactory Pro trial version www.pdffactory.com 277 page 2 City Peak Off-Peak Resident Non-Resident Peak Off-Peak Resident Non-Resident Peak Off-Peak Resident Non-Resident Peak Off-Peak Resident Non-Resident Saratoga 135.00$ 150.00$ 110.00$ 110.00$ 99.00$ 110.00$ 100.00$ 100.00$ 90.00$ 100.00$ Milpitas 100.00$ 130.00$ 50.00$ 50.00$ 50.00$ 73.00$ Mountain View res 86.00$ 80.00$ 56.00$ 39.00$ 45.00$ 35.25$ Mountian View non-res 182.00$ 169.00$ 137.00$ 137.00$ 121.00$ 105.00$ Campbell 135.00$ 70.00$ 95.00$ 53.00$ 63.00$ 35.00$ Santa Clara res only 151.00$ 58.00$ Sunnyvale res 200.00$ 75.00$ 125.00$ 100.00$ 100.00$ 60.00$ 75.00$ 60.00$ Sunnyvale non-res 200.00$ 100.00$ 125.00$ 125.00$ 100.00$ 75.00$ 75.00$ 75.00$ Cupertino res only 230.00$ 140.00$ 90.00$ 45.00$ 60.00$ 40.00$ Palo Alto 85.00$ 127.50$ 55.00$ 82.50$ Average 191.25$ 96.25$ 117.50$ 140.00$ 125.60$ 116.80$ 125.00$ 110.00$ 96.33$ 68.17$ 71.50$ 127.50$ 73.63$ 62.53$ 65.00$ 85.17$ Banquet Room to 300 Banquet Room to 200 Banquet Room to 100 Banquet Room to 50 PDF created with pdfFactory Pro trial version www.pdffactory.com 278 page 3 City Saratoga Campbell Cupertino Milpitas Mtn View Res Mtn View Non-Res Palo Alto Santa Clara S'vale Res S'vale Non-Res AVERAGE Peak 135.00$ 230.00$ 200.00$ 200.00$ 191.25$ Off Peak 70.00$ 140.00$ 75.00$ 100.00$ 96.25$ Resident 135.00$ 100.00$ 117.50$ Nonresident 150.00$ 130.00$ 140.00$ Non-Profit 100.00$ 100.00$ Non-Profit Peak 75.00$ 90.00$ 80.00$ 81.67$ Non-Profit Off-Peak 30.00$ 30.00$ Nonresident NP Peak 140.00$ 140.00$ Nonresident NP Off-Peak 50.00$ 50.00$ Peak 86.00$ 182.00$ 125.00$ 125.00$ 129.50$ Off Peak 80.00$ 169.00$ 100.00$ 125.00$ 118.50$ Resident 99.00$ 151.00$ 125.00$ Non-Resident 110.00$ 110.00$ Non-Profit Non-Profit Peak 55.00$ 55.00$ Non-Profit Off-Peak Nonresident NP Peak Nonresident NP Off-Peak Peak 95.00$ 90.00$ 56.00$ 137.00$ 100.00$ 100.00$ 96.33$ Off Peak 53.00$ 45.00$ 39.00$ 137.00$ 60.00$ 75.00$ 68.17$ Resident 85.00$ 58.00$ 71.50$ Non-Resident 127.50$ 127.50$ Non-Profit Non-Profit Peak 65.00$ 60.00$ 62.50$ Non-Profit Off-Peak 20.00$ 20.00$ Nonresident NP Peak 75.00$ 75.00$ Nonresident NP Off-Peak 25.00$ 25.00$ Peak 63.00$ 60.00$ 45.00$ 121.00$ 75.00$ 75.00$ 73.17$ Off Peak 35.00$ 40.00$ 35.25$ 105.00$ 60.00$ 75.00$ 58.38$ Resident 90.00$ 50.00$ 55.00$ 65.00$ Non-Resident 100.00$ 73.00$ 82.50$ 85.17$ Non-Profit 50.00$ 50.00$ Non-Profit Peak 50.00$ 46.00$ 25.00$ 40.33$ Non-Profit Off-Peak 10.00$ 10.00$ Nonresident NP Peak 50.00$ 50.00$ Nonresident NP Off-Peak 25.00$ 25.00$ Banquet Room to 300 Banquet Room to 200 Banquet Room to 100 Banquet Room to 50 January 20, 2010 PDF created with pdfFactory Pro trial version www.pdffactory.com 279 Attachment C ANNUAL CO-SPONSORSHIP PROCESS OUTLINE Proposal · Establish co-sponsorship benefit o Qualify for reduced rental fees for City facilities as a non-profit organization · Review criteria for co-sponsorship o 51% Saratoga Residents as members o 501 (c) 3 or equivalent status o OR primary beneficiary of organization’s fundraising or volunteer efforts geared to serve Saratoga residents · Send out notification to organizations with application materials in September · Receive applications; Staff review of submittals – confirmation of veracity of information in October · Council act on requests for co-sponsorship in November · Co-sponsored organizations are granted the same privileges as incorporated 501 (c) 3 Saratoga resident organizations PDF created with pdfFactory Pro trial version www.pdffactory.com280