HomeMy WebLinkAboutPacket.pdfTable of Contents
Agenda 3
Commendations Honoring Five Outgoing Youth Commissioners
Staff Report 9
Commendation - Baker 10
Commendation - Fatemi 11
Commendation - Rao 12
Commendation - Rees 13
Commendation - Tkalcevic 14
Appointment of Eight Youth Commissioners and Oath of Office
Staff Report 15
Commendation Honoring the Saratoga High School Chess
Team
Staff Report 27
Commendation 29
Commendation Honoring Bob Hopkins and the “Soccer for Kids
with Special Needs” Program
Staff report 30
Commendation 32
City Council Meeting Minutes – May 19, 2010
Staff report 33
Minutes 34
Treasurer’s Report for the Month Ended April 30, 2010
Treasurer’s Report for the Month Ended April 30, 2010 47
Review of Accounts Payable Check Registers
AP Staff Report 52
05/13/10 Check Register 54
05/20/10 Check Register 59
Adoption of Fiscal Year 2010/11 Operating & Capital Budget
and the Environmental Impact Assessment for new CIP projects
Budget Adoption 63
Environmental Assessment Report 72
Fiscal Year 2010/11 Gann Appropriation Limit
Gann Limit Report 73
Resolution Calling the General Municipal Election – November
2, 2010
Staff Report 77
Resolution 80
ROV Calendar 82
Legal Ad 84
Transportation Development Act (TDA) Article 3 Application for
the Saratoga Avenue Walkway Project.
Staff report 85
Resolution 87
VoIP Telecommunication Agreement
1
Staff Report 90
Attachment A - ShoreTel features list 95
Attachment B - Breakdown of ShoreTel bundle pricing 98
Budget Resolution 99
Side Letter of Agreement between the Saratoga Management
Organization and the City of Saratoga
Staff report & resolution 100
City Manager Voluntary Benefits Waiver
Staff report 104
Attachment 105
Landscaping & Lighting Assessment District LLA-1 - Public
Hearing, Approval of Engineer’s Report, and Confirmation of
Assessments for FY 10-11
Staff Report 107
1. Resolution Confirming Assessments.109
2. Engineer’s Report 112
Resolution Ordering the Abatement of a Public Nuisance by
Removal of Hazardous Vegetation (Brush)
Staff Report 255
Resolution 258
SCC Fire Letter 259
Legal Ad 261
Commencement Report 262
Email from Citizen White 265
Initiation of Annexation of an approximately 2.68 (gross) square
foot parcel (APN 503-80-004) located at 22480 Mount Eden
Road. Subsequent annexation proceedings will consider a pre-
annexation agreement, lot merger, Williamson Act agreement,
zoning amendment (AP-OS overlay), and a use permit with
variation from standards for the owner’s adjacent 35 acre
parcel.
Staff Report 276
Resolution 282
List of Services Report 283
Proposed Lot Merger and Annexation Map 284
Trail Easement Map 285
Floor Area and Lot Coverage Table 286
2
WEDNESDAY, JUNE 2, 2010
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
May 27, 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. Commendations Honoring Five Outgoing Youth Commissioners
Recommended action:
Present commendations.
2. Appointment of Eight Youth Commissioners and Oath of Office
Recommended action:
Adopt the attached resolution appointing eight (8) members to the Youth Commission
and direct the City Clerk to administer the Oath of Office.
3. Commendation Honoring the Saratoga High School Chess Team
Recommended action:
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
3
Read and present commendation.
4. Commendation Honoring Bob Hopkins and the “Soccer for Kids with Special Needs”
Program
Recommended action:
Read and present commendation.
SPECIAL PRESENTATIONS
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 Meeting Minutes – May 19, 2010
Recommended action:
Approve minutes.
6. Treasurer’s Report for the Month Ended April 30, 2010
Recommended action:
Review and accept the Treasurer’s Report for the month ended April 30, 2010.
7. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
May 13, 2010
May 20, 2010
8. Adoption of Fiscal Year 2010/11 Operating & Capital Budget and the Environmental
Impact Assessment for new CIP projects
Recommended action:
1. Adopt resolution approving the Proposed FY 2010/11 Operating and Capital
Budgets, directing staff to incorporate within the final adopted budget any changes
related to minor corrections, carryforward appropriations, refined estimates, grant
approvals, claim reimbursements, pass-through appropriations, or additional direction
from Council upon adoption of the budget.
2. Adopt attached Environmental Impact Assessment for new projects included in the
FY 2010/11 CIP update.
9. Fiscal Year 2010/11 Gann Appropriation Limit
Recommended action:
Adopt resolution approving the Gann Appropriations Limit for FY 2010/11
10. Resolution Calling the General Municipal Election – November 2, 2010
Recommended action:
That City Council adopts the Resolution Calling the General Municipal Election for
4
November 2, 2010.
11. Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project.
Recommended action:
Adopt resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for
the Saratoga Avenue Walkway Project.
12. VoIP Telecommunication Agreement
Recommended action:
1. Accept report and direct staff to enter into an agreement with ZAG Technical
Services / 3GC Group to replace the existing PBX telecommunication system with a
Voice over Internet Protocol (VoIP) telephone system for the main City Hall
buildings, the Joan Pisani Community Center, the Corporation Yard, the Saratoga
Area Senior Coordinating Council and the Saratoga Prospect Center.
2. Adopt Budget Resolution to transfer $55,000 from the IT Equipment Replacement
Fund to the CIP Administrative Fund.
13. Side Letter of Agreement between the Saratoga Management Organization and the
City of Saratoga
Recommended action:
Adopt the resolution approving the Side Letter of Agreement between the Saratoga
Management Organization (SMO) and the City of Saratoga suspending members’ car
allowance for fiscal year 2010-2011.
14. City Manager Voluntary Benefits Waiver
Recommended action:
Authorize the Mayor to sign a letter agreement documenting the City Manager’s offer
to voluntarily waive certain benefits specified in his employment agreement.
PUBLIC HEARINGS
Members of the public may comment on any item for up to three minutes. Items
requested for continuance are subject to Council’s approval at the Council meeting
15. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 10-11
Recommended action:
Move to adopt the Resolution Ordering the Improvements and Confirming the
Diagram and
Assessments for FY 10-11.
16. Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous
Vegetation (Brush)
Recommended action:
Open public hearing; listen to public testimony; and close public hearing. Adopt
resolution overruling objections and ordering hazardous vegetation abatement
(brush).
5
OLD BUSINESS
NEW BUSINESS
17. Initiation of Annexation of an approximately 2.68 (gross) acres parcel (APN 503-80-
004) located at 22480 Mount Eden Road. Subsequent annexation proceedings will
consider a pre-annexation agreement, lot merger, Williamson Act agreement, zoning
amendment (AP-OS overlay), and a use permit with variation from standards for the
owner’s adjacent 35 acre parcel.
Recommended action:
Approve the attached Resolution thereby initiating annexation proceedings for 22480
Mount Eden Road.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King
ABAG
County HCD Policy Committee
Hakone Foundation Executive Committee
West Valley Flood Control Zone & Watershed Advisory Committee
SCC Cities Association Selection Committee
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
City School Ad-Hoc
Chamber of Commerce
Council Finance Committee
Highway 9 Adhoc
KSAR
Santa Clara County Cities Association Board
West Valley Solid Waste Joint Powers Authority
West Valley Transportation Authority PAC
Councilmember Chuck Page
City School Ad-Hoc
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
West Valley Sanitation District
Council Finance Committee
6
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.
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 May 27, 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 27th day of May 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
7
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
6/2 Regular Meeting – Joint meeting with Montalvo Arts
6/16 Regular Meeting – Joint Meeting with HOA Presidents
7/7 Regular Meeting –
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 Historical Foundation & Heritage
Preservation Comm.
9/15 Regular Meeting – Joint meeting with Assemblymember Jim Beall
10/6 Regular Meeting –Joint meeting with West Valley Board of Trustees
10/20 Regular Meeting – Joint Meeting with Traffic Safety Commission
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 - Joint Meeting with Library Commission and Friends of
the Saratoga Libraries
12/15 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2010
8
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER:
PREPARED BY: DEPT HEAD:
Ann Sullivan, City Clerk Dave Anderson, City Manager
SUBJECT: Commendations Honoring Five Outgoing Youth Commissioners
RECOMMENDED ACTION:
Present commendations.
REPORT SUMMARY:
Attached are commendations honoring outgoing Youth Commissioners: Jacob Baker, Tara
Fatemi, Sammy Rao, Elena Rees, and Natalie Tkalcevic,
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:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachments – Copy of Commendations.
9
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
“JACOB BAKER”
WHEREAS, Jacob Baker was first appointed to the Saratoga Youth
Commission in June 2007; and
WHEREAS, Jacob has demonstrated his leadership skills and
capabilities while participating on the following:
2009-2010: Chair & Film Fest Committee
2008-2009: Film Fest & Website Committee
2007-2008: Website & Lecture Committee
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute their time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Jacob Baker is hereby
commended and thanked for his hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that the Saratoga City Council and the
Saratoga residents wish him well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 2nd day of June 2010.
______________________
Kathleen M. King, Mayor
City of Saratoga
10
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
“TARA FATEMI”
WHEREAS, Tara Fatemi was first appointed to the Saratoga Youth
Commission in June 2008; and
WHEREAS, Tara has demonstrated her leadership skills and
capabilities while participating on the following:
2009-2010: Blog Committee
2008-2009: Concert Committee
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute their time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Tara Fatemi is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that the Saratoga City Council and the
Saratoga residents wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 2nd day of June 2010.
______________________
Kathleen M. King, Mayor
City of Saratoga
11
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
“SAMANTHA RAO”
WHEREAS, Samantha Rao was first appointed to the Saratoga
Youth Commission in June 2008; and
WHEREAS, Sammy has demonstrated her leadership skills and
capabilities while participating on the following:
2009-2010: Vice-Chair & In the Park Committee
2008-2009: Oral Survey & Film Fest Committees
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute their time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Samantha Rao is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that the Saratoga City Council and the
Saratoga residents wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 2nd day of June 2010.
______________________
Kathleen M. King, Mayor
City of Saratoga
12
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
“ELENA REES”
WHEREAS, Elena Rees was first appointed to the Saratoga Youth
Commission in June 2008; and
WHEREAS, Elena has demonstrated her leadership skills and
capabilities while participating on the following:
2009-2010: Hunger Banquet Committee
2008-2009: Invisible Children
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute their time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Elena Rees is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that the Saratoga City Council and the
Saratoga residents wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 2nd day of June 2010.
______________________
Kathleen M. King, Mayor
City of Saratoga
13
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
“NATALIE TKALCEVIC”
WHEREAS, Natalie Tkalcevic was first appointed to the Saratoga
Youth Commission in June 2008; and
WHEREAS, Natalie has demonstrated her leadership skills and
capabilities while participating on the following:
2009-2010: Hunger Banquet Committee
2008-2009: Invisible Children and Film Fest Committee
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute their time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Natalie Tkalcevic is
hereby commended and thanked for her hard work and dedication on the
Youth Commission; and
BE IT FURTHER RESOLVED that the Saratoga City Council and the
Saratoga residents wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 2nd day of June 2010.
______________________
Kathleen M. King, Mayor
City of Saratoga
14
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR:
SUBJECT: Appointment of Eight Youth Commissioners and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing eight (8) members to the Youth Commission and direct
the City Clerk to administer the Oath of Office.
REPORT SUMMARY:
The City Council recently conducted interviews to fill eight (8) vacancies on the Youth
Commission resulting from expired terms of Jacob Baker, Aditya Dev, Kia Fariba, Tara Fatemi,
Kaitlin Finch, Sammy Rao, Elena Rees, and Natalie Tkalcevic.
Council appointed Jane Chang, Somya Khare, Vikas Nookala, Sierra Smith, Anu Sreedhara, and
re-appointed Aditya Dev, Kia Fariba, and Kaitlin Finch to the Youth Commission. The terms for
these commissioners will be July 2010 to July 2012. In addition, Council created one additional
new commission position, that of “Alternate”, and appointed Mercedes Chien to fill the Alternate
position. This position would resume the position of a current commissioner in the event that a
current commissioner was unable to complete his/her term. The term for the “Alternate” position
will be July 2010 to July 2012.
Upon direction from the City Counci,l the Oath of Office will be administered by the City Clerk
and signed by the new Commissioners. The administered Oaths of Office will be effective July 1,
2010.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointments will not be made to the Youth Commission.
ALTERNATIVE ACTION:
N/A
15
FOLLOW UP ACTION:
Update City’s Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment – Resolution of Appointment
Attachments – Oath of Office (8)
16
RESOLUTION NO. 10 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING FIVE NEW MEMBERS AND THE REAPPOINTMENT OF THREE
MEMBERS TO THE YOUTH COMMISSION
WHEREAS, eight vacancies were created on the Youth Commission resulting from the expired
terms of Jacob Baker, Aditya Dev, Kia Fariba, Tara Fatemi, Kaitlin Finch, Sammy Rao, Elena Reese and
Natalie Tkalcevic; and
WHEREAS, Commissioners Aditya Dev, Kia Fariba, and Kaitlin Finch, were eligible for re-
appointment; and
WHEREAS, Council created one new Youth Commission position – “Alternate”, on May 17,
2010; and
WHEREAS, a notice of vacancy was posted, applications were received, interviews have been
conducted, and it is now appropriate to fill the vacancies.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following
appointments were made for terms beginning July 2010 and expiring:
Commissioner Expiration Date
Aditya Dev(reappointment) 07/2012
Kia Faria (reappointment) 07/2012
Kaitlin Finch (reappointment) 07/2012
Jane Chang 07/2012
Somya Khare 07/2012
Vikas Nookala 07/2012
Sierra Smith 07/2012
Anu Sreedhara 07/2012
Mercedes Chien (Alternate)
The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City
Council held on the 2nd day of June 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Kathleen M. King, Mayor
ATTEST:
17
____________________________
Ann Sullivan, City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Aditya Dev
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
City Clerk
18
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Kia Fariba
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
City Clerk
19
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Kaitlin Finch
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
City Clerk
20
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Jane Chang
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
21
Ann Sullivan, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Somya Khare
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
City Clerk
22
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Vikas Nookala
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
City Clerk
23
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Sierra Smith
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
Ann Sullivan, CMC
24
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California;
that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will faithfully discharge the duties upon which I am about to
enter.
__________________________
Anu Sreedhara
Commissioner
Subscribed and sworn to before me on
This 2nd day of June 2010.
__________________________
25
Ann Sullivan, CMC
City Clerk
26
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 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 Chess Team
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
The attached commendation recognizes and commends the Saratoga High School Chess Team.
The Chess Team competed in the Northern California CalChess State Chess Championship
Tournament on April 17 and 18, 2010, and won the team championship for the varsity section.
The Chess Championship was the sixth consecutive championship for the Saratoga High School
Chess Team, which is a record for the State of California.
National Master Michael Aigner was the professional coach for the team and trained them in
chess technique and also imparted on the team a deep appreciation of the benefits of strategic
thinking, hard work and training for all efforts in life.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
27
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Commendation
28
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING THE
SARATOGA HIGH SCHOOL CHESS TEAM
WHEREAS, Six members of the Saratoga High School Chess Team competed
at the CalChess State Chess Championship on April 17th and 18th, 2010 and won the
team championship for the varsity section; and
WHEREAS, this Chess Championship was the sixth consecutive championship
for the Saratoga High School Chess Team which is a record for the State; and
WHEREAS, the Saratoga High School Chess Team competed in chess
competitions throughout the 2009/2010 school year and won the Santa Clara County
high school chess championship, with four of the team members placing in the top
five finishers, and came in 2nd place in the regional high school league chess
championship; and
WHEREAS, the team has been self-motivated and trained though out the year
for this championship; and
WHEREAS, National Master Michael Aigner was the professional coach for
the team and trained them in chess technique but also imparted on the team a deep
appreciation of the benefits of strategic thinking, hard work and training for all efforts
in life; and
WHEREAS, in recognition thereof, it is appropriate to extend to them the
special honors and highest commendations of the community of Saratoga.
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 Chess Team for this outstanding achievement.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
2nd day of June 2010.
Kathleen M. King, Mayor
City of Saratoga
29
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 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 Bob Hopkins and the “Soccer for Kids with Special
Needs” Program
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
The attached commendation recognizes and commends Bob Hopkins for his dedication to bring
the game of safe soccer to our special needs kids and recognizes and commends all the special
kids that participate in the “Soccer for Kids with Special Needs” program.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
30
ATTACHMENTS:
Commendation
31
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
“BOB HOPKINS”
WHEREAS, Bob Hopkins has taken the dream of "Everyone Plays", a philosophy of AYSO, and has
made it a reality for hundreds of special needs kids who cannot participate safely in a mainstream soccer
program. The local program "South Bay VIP Soccer", www.southbayvipsoccer.org was started by the three
AYSO regions covering Saratoga, Cupertino and West San Jose. Bob volunteered to be the administrator
when it began in the Fall of 2003. He has successfully lead this program in both Fall and Spring seasons. This
Fall will be his eighteenth season; and
WHEREAS, many of the families of the players have been in the program since its inception and all
have expressed deep gratitude that this is available for their children. Additionally, the VIP program has
provided opportunities for the youth in the area to earn their community service requirements in a fun-filled
and enriching program for these special players. We call our youth volunteers "Buddies" because they
participate as a new friend and in many cases have developed strong bonds with the players and their
families; and
WHEREAS, families of players have said that the first day their child put on his or her uniform was
one of the happiest days of their lives; and
WHEREAS, all of this has been possible because of Bob Hopkins’ volunteers who participate as
buddies, coaches and helpers. Bob Hopkins is a special person whose energy, guidance, and dedication are
second to none; and
WHEREAS, the mission of the American Youth Soccer Organization VIP Program is to provide a
quality soccer experience for individuals with physical or mental disabilities that make it difficult for them to
successfully participate on mainstream soccer teams. Successful participation is defined by the player's
enjoyment and the safety of all team members.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby
recognize and commend Bob Hopkins for his dedication to bring the game of safe soccer to our special needs
kids.
BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize and
commend all the special kids that participate in the “Soccer for Kids with Special Needs” program.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd day of June 2010.
_________________________
Kathleen M. King, Mayor
City of Saratoga
32
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 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 – May 19, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 19, 2010 City Council Regular Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A – Minutes from May 19, 2010 City Council Regular Meeting.
33
MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
MAY 19, 2010
The City Council held a Joint Meeting with the Los Gatos-Saratoga Union High School
District and Saratoga Union Elementary District in the Administrative Conference Room
at 5:30 p.m.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Existing Litigation: Government Code Section 54956.9
(a)): (1 case) City of Saratoga v. PG&E et al., (Santa Clara County Superior Court Case
No.1-08-CV-124267)
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information from the Closed Session held
prior to the Regular Council meeting.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill
Hunter and Mayor Kathleen King
ABSENT: Vacant (Susie Nagpal)
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Crystal Morrow, Administrative Analyst II
REPORT OF CITY CLERK ON POSTING OF AGENDA
Mayor Kathleen King reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of May 19, 2010 was properly posted on May 13, 2010.
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2
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Mayor King noted the representatives from the Los Gatos-Saratoga Union High School
District and Saratoga Union Elementary District would provide a report of their 5:30 p.m.
joint meeting with the City Council at a later meeting in June.
COUNCIL DIRECTION TO STAFF
None at this time.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
COUNCIL DIRECTION TO STAFF
None
With the concurrence of the Council, Mayor King moved on to the Ceremonial Items.
After the Ceremonial Items was completed, Mayor King moved on to the Announcement
section of the agenda.
ANNOUNCEMENTS
Vice Mayor Hunter noted the Memorial Service in memory of Susie Ngpal will be held
on May 31st at Villa Montalvo from 4PM to 6PM.
Councilmember Page noted that due to limited parking at Villa Montalvo, a shuttle
service would be available at West Valley College to Villa Montalvo. He added that a
Blood Drive in honor of Councilmember Susie Nagpal was scheduled for June 8, 2010,
from 12:00PM to 6:00PM at Saratoga Federated Church and appointments are required to
donate blood. Appointments can be made online at www.redcrossblood.org or by calling
the American Red Cross at 1-800-GIVE-LIFE.
Councilmember Page also noted his wife’s birthday was today and wished his wife a
happy birthday.
Mayor King noted that City Councils from many of the Santa Clara County cities have
been reaching out to the Saratoga community conveying their condolences to the family
of Councilmember Susie Nagpal. In addition, many of the cities are asking for a
moment of silence at their respective council meetings and/or sending letters of
condolences.
CEREMONIAL ITEMS
1. COMMENDATION HONORING DEBI SNYDER – SARATOGA AREA
SENIOR COORDINATING COUNCIL (SASCC) EMPLOYEE
STAFF RECOMMENDATION:
35
3
Read and present commendation.
Mayor King read and presented the commendation to Debbie Snyder.
2. PROCLAMATION HONORING “NATIONAL FOSTER CARE – MONTH OF
MAY 2010”
STAFF RECOMMENDATION:
Read and present proclamation.
Mayor King read and presented the proclamation to Lisa Traxler, a Saratoga foster
parent. Ms. Traxler was accompanied by her foster child, Jamie.
SPECIAL PRESENTATIONS
3. VTA GOVERNANCE PRESENTATION
STAFF RECOMMENDATION:
Listen to a short presentation by Chris Moylan, Vice Mayor, City of Sunnyvale, on
Valley Transportation Authority (VTA) Governance.
Mayor King announced that Chris Moylan, Vice Mayor of the City of Sunnyvale,
notified the City Clerk earlier on this day noting that he was cancelling his
presentation.
Mayor King moved on to the Consent Calendar section on the agenda.
CONSENT CALENDAR
No one requested to speak on any items on the Consent Calendar.
4. CITY COUNCIL MEETING MINUTES – MAY 5, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES – MAY 5, 2010. MOTION APPROVED 4-0-Vacant.
5. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
April 29, 2010
May 06, 2010
36
4
PAGE/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: APRIL 29,
2010. MOTION PASSED 4-0-Vacant.
6. ADOPTION OF ORDINANCE AMENDMENT TO CITY CODE ARTICLE 4-5
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
STAFF RECOMMENDATION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Massage Establishments and Massage Practitioners Ordinance related
to City Code Article 4-55.
ORDINANCE NO. 278
PAGE/MILLER MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE MASSAGE ESTABLISHMENTS AND
MASSAGE PRACTITIONERS ORDINANCE RELATED TO CITY CODE
ARTICLE 4-55. MOTION PASSED 4-0-Vacant.
7. ADOPTION OF ORDINANCE AMENDING THE ZONING REGULATIONS
RELATED TO CITY CODE ARTICLE 15-47 -WATER EFFICIENT
LANDSCAPE ORDINANCE
STAFF RECOMMENDATION:
Waive the Second Reading and adopt the Ordinance amending the Zoning
Regulations related to City Code Article 15-47 - Water Efficient Landscape
Ordinance.
ORDINANCE NO. 279
PAGE/MILLER MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED
TO CITY CODE ARTICLE 15-47 - WATER EFFICIENT LANDSCAPE
ORDINANCE. MOTION PASSED 4-0-Vacant.
8. HISTORICAL PARK LANDSCAPE IMPROVEMENT PROJECT – BUDGET
AMENDMENT
STAFF RECOMMENDATION:
Approve Budget Resolution.
RESOLUTION NO. 10-024
PAGE/MILLER MOVED TO APPROVE BUDGET RESOLUTION. MOTION
PASSED 4-0-Vacant.
9. CITYWIDE SIGNAL UPGRADE PROJECT PHASE I– AWARD OF
CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
37
5
1. Move to declare Guerra Construction of San Jose to be the lowest responsible
bidder on the project
2. Move to award a construction contract to Guerra Construction in the amount of
$188,305 and authorize the City Manager to execute the same.
3. Move to authorize the staff to issues change orders to the contract up to $23,000.
PAGE/MILLER MOVED TO 1.) DECLARE GUERRA CONSTRUCTION OF
SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER ON THE
PROJECT; 2.) MOVE TO AWARD A CONSTRUCTION CONTRACT TO
GUERRA CONSTRUCTION IN THE AMOUNT OF $188,305 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND 3.)
AUTHORIZE THE STAFF TO ISSUES CHANGE ORDERS TO THE
CONTRACT UP TO $23,000. MOTION PASSED 4-0-Vacant.
.
Mayor King suggested moving to Item 14 at this time. Council concurred.
PUBLIC HEARINGS
10. FISCAL YEAR 2010/11 PROPOSED OPERATING & CAPITAL BUDGET
PUBLIC HEARING
STAFF RECOMMENDATION:
Conduct a public hearing on the proposed FY 2010/11 Operating & Capital Budget,
and provide direction to staff for budget adoption on June 2, 2010.
Mary Furey, Administrative Services Director, presented the staff report.
Director Furey proceeded to provide a report on the proposed FY 2010/11 Operating
Budget. She then continued to provide a report on the proposed Capital
Improvements of the FY 2010/11 Budget and asked if Council had any specific
questions regarding the proposed Capital Improvements.
At this time, Mayor King announced she would recuse herself from Council
discussion on the Canyon View storm drain item due to the fact that she lived within
500 feet of that item. Mayor King stated she would turn this portion of the meeting
over to Vice Mayor Hunter for this specific item. Mayor King left the Dias and
chambers at 9:06 p.m.
Vice Mayor Hunter opened the public hearing for comment on the Canyon View
Project in the Capital Improvement portion of the public hearing.
No one requested to speak on this item.
Vice Mayor Hunter closed the public hearing comment on this specific item.
MILLER/PAGE MOVED TO APPROVE THE CANYON VIEW PROJECT ON
THE PROPOSED FY 2010/11 OPERATING & CAPITAL BUDGET. MOTION
PASSED 3-0-1 WITH MAYOR KING RECUSED and Vacant.
38
6
Mayor King returned to the Dias to continue discussion on the remainder of the
proposed FY 2010/11 Budget and Capital Improvements.
Mayor King opened the public hearing and invited public comment on the remainder
of the budget public hearing.
The following people requested to speak on the remainder of the FY 2010/11 Budget
and Capital Improvements:
Ann Waltonsmith addressed the Council regarding the financial difficulties facing the
Saratoga Area Senior Citizens Council (SASCC) and asked Council to consider a
challenge grant in the amount of $50,000 to assist with SASCC’s financial needs. She
noted that SASCC has prepared a letter to send to all Saratoga households asking for
monetary support to help sustain SASCC’s programs, adding that any funds the
Council could provide would be used to urge citizens to match the granted funds. She
concluded by thanking Council for their consideration of this request.
Kathleen Casey requested to speak on this item.
City Manager Dave Anderson responded to Ms. Casey’s comments regarding the
purchase a Mid Peninsula parcel of land.
City Manager Dave Anderson responded to Ms. Casey’s comments regarding Hakone
Gardens.
No one else requested to speak on this item.
Mayor King closed the public comment period.
Councilmember Miller thanked the staff for all their voluntary reductions in salary
and work hours in order to present a balanced budget to the Council and noted he
would support the proposed budget.
Councilmember Page also thanked staff for their efforts to help present a balanced
budget and noted he supported the proposed budget.
Vice Mayor Hunter thanked the staff for all their efforts and appreciates the personal
cuts staff has taken in order to present a balanced budget and noted she supports the
proposed budget.
Mayor King commended staff for all their voluntary reductions in hours and salary
and noted she supports the proposed budget.
Mayor King also commented on the $50,000 challenge grant request to support
SASCC’s programs and suggested that Council consider this request with the
allocation of some funding from the undesignated funds in order to help SASCC raise
additional funding through there challenge grant letter.
39
7
Vice Mayor Hunter stated that $50,000 is a large monetary request and feels there
should be a specific reason noted in the SASCC letter for what this money would be
used for.
Councilmember Page also felt a tangible reason should be noted as to what the
requested funds would be used for.
Councilmember Miller stated that he supported providing funding assistance to help
SASCC maintain their services to the community; however, he felt that SASCC
should provide a presentation at a future council meeting outlining their future plans
in a more detailed manner.
Councilmember Page recommended allocating $25,000 from Council’s discretionary
unallocated fund and another $5,000 from other funds for a total of $30,000.
KING/MILLER MOVED TO SUPPORT A CHALLENGE GRANT OF $30,000
ALLOCATING $25,000 FROM THE CONTINGENCY FUND AND AN
ADDITIONAL $5,000 FROM UNDESIGNATED FUNDS FOR A TOTAL OF
$30,000 – A ONE DOLLAR FOR ONE DOLLAR CHALLENGE GRANT TO
BE NOTED IN THE SASCC LETTER AND THAT THE LETTER BE
WRITTEN IN A LARGER FONT. MOTION PASSED 4-0-Vacant.
COUNCIL DIRECTION:
Staff should bring this item back for adoption at the next regular council meeting and
agendize a presentation from SASCC at the July 21, 2010 Joint Meeting describing in
more detail how the funds would be used.
11. HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF
NECESSITY (EMINENT DOMAIN) FOR ACQUISITION OF AN
ADDITIONAL EASEMENT IN PACIFIC GAS & ELECTRIC RIGHT OF
WAY FOR JOE’S TRAIL AT SARATOGA DE ANZA
STAFF RECOMMENDATION:
Adopt a Resolution of Necessity making the appropriate findings and authorizing an
amendment to the complaint in eminent domain proceedings for Joe’s Trail at
Saratoga De Anza (the “Project”) to acquire an Additional Easement necessary for the
Project.
Heather Minner, attorney representing the City Attorney’s Office of Shute, Mihaly,
and Weinberger, presented the staff report.
Mayor King opened the public hearing for comment.
Kathleen Casey requested to speak on this item.
No one else requested to speak on this item.
Mayor King closed the public hearing comment period.
RESOLUTION NO. 10-025
40
8
PAGE/MILLER MOVED TO ADOPT A RESOLUTION OF NECESSITY
MAKING THE APPROPRIATE FINDINGS AND AUTHORIZING AN
AMENDMENT TO THE COMPLAINT IN EMINENT DOMAIN
PROCEEDINGS FOR JOE’S TRAIL AT SARATOGA DE ANZA (THE
“PROJECT”) TO ACQUIRE AN ADDITIONAL EASEMENT NECESSARY
FOR THE PROJECT. MOTION PASSED 4-0-Vacant.
OLD BUSINESS
12. CITY COUNCIL AND COMMISSIONS’ ELECTRONIC
COMMUNICATIONS POLICY
STAFF RECOMMENDATION:
Adopt a resolution establishing a City Council and Commissions’ Electronic
Communications Policy.
Richard Taylor, City Attorney, presented the staff report.
Mayor King invited public comment.
Kathleen Casey requested to speak on this item.
No one else requested to comment on this item.
Mayor King closed the public comment.
RESOLUTION NO. 10-026
PAGE/MILLER MOVED TO ADOPT RESOLUTION ESTABLISHING A CITY
COUNCIL AND COMMISSIONS’ ELECTRONIC COMMUNICATIONS
POLICY. MOTION PASSED 4-0-Vacant.
13. 2010 FALL ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
COUNCIL DIRECTION:
Council provided suggestions for articles in the Fall Saratogan.
NEW BUSINESS
41
9
14. REMEMBRANCE FOR COUNCILMEMBER SUSIE NAGPAL
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Ms. Morrow noted that Mayor King and Vice Mayor Hunter proposed a memorial
garden, in honor of Councilmember Nagpal, at the corner of Fruitvale and Allendale
Avenue at the City Hall campus. She added that in the past, the City has planted
memorial trees with a plaque to honor council members who have passed away.
Vice Mayor Hunter noted that Councilmember Nagpal was very supportive of the
Village Gardeners and frequently commented on the fact that Mr. Nagpal loved
gardening; therefore, she felt a floral garden around the City of Saratoga signage at
the Fruitvale/Allendale intersection, along with a monument plaque, would be a great
location to honor Councilmember Susie Nagpal.
Councilmember Miller noted he supported a memorial of planting both a tree and
flowers in honor of Councilmember Susie Nagpal.
Mayor King invited public comment.
No one requested to speak on this item.
Mayor King closed the public comment period.
COUNCIL DISCUSSION:
Mayor King noted the possibility of a garden and bench memorial and suggested
having a group of individuals to help plan the memorial.
Vice Mayor Hunter suggested having the community help plant the flowers in a
specified memorial location or plant 1,000 daffodils bulbs throughout the community
in the spring.
Councilmember Miller noted he would also like a tree planted in Councilmember
Nagpal’s honor so that a hundred years from now people could look at that tree and
know that Susie Nagpal made a difference in this community.
Councilmember Page noted the suggestions were great ideas and felt that steps
needed to be taken to assure long term maintenance of a garden. He supported
planting a tree in Councilmember Nagpal’s honor and suggested Council create an
AdHoc Committee to work with Mr. Nagpal and city staff to begin the process.
COUNCIL DIRECTION:
Create an Adhoc Committee comprised of Vice Mayor Hunter and Councilmember
Page to work with members of the Nagpal family. Those family members or family
42
10
friends that would like to work with the Adhoc Committee should contact the city
clerk letting her know of their interest in working with the Adhoc Committee. Plans
for the memorial would begin later in June or early July 2010.
At this time Council members and members on the Dias expressed their appreciation
and remembrances of working with Councilmember Susie Nagpal.
Mayor King declared a break at 7:43 p.m.
Mayor King reconvened the meeting at 7:55 p.m. and proceeded to Item 15 on the
agenda.
At this time Mayor King announced the Council would move to Item 10 – FISCAL
YEAR 2010/11 PROPOSED OPERATING AND CAPITAL BUDGET PUBLIC
HEARING on the agenda.
Mayor King then announced the Council would instead move to Item 15 – FILLING
CITY COUNCIL VACANCY on the agenda and then return to the Proposed
Operating and Capital Budget Public Hearing.
15. FILLING CITY COUNCIL VACANCY
STAFF RECOMMENDATION:
Direct staff as to the Council’s preferred course of action to fill the vacancy on the
City Council.
Richard Taylor, City Attorney, presented the staff report.
City Attorney Richard Taylor noted that State law requires the City Council to act
within 30 days of the vacancy occurring. He noted Council must decide by June 12,
2010, how they would like to fill this vacancy. He stated Council could fill the
vacancy by appointment or by calling a special election and if Council chooses to call
a Special Election, the election for this vacancy would be held at the same time as the
Regular General Election in November of 2010. Attorney Richard Taylor added that
the person appointed or elected to fill this vacancy would hold this office only for the
remainder of Councilmember Nagpal’s term, which ends in November 2012.
City Attorney Richard Taylor noted that if Council chooses to fill this vacancy by
appointment, they should have discussion regarding how they would like to proceed
with the application and interview process.
Mayor King invited public comment.
The following people requested to speak on this item:
Kathleen Casey addressed the Council and asked how this type of situation has been
handled in the past and noted that if someone is appointed to fill this vacancy, it
should be a previous Mayor or Councilmember.
Emma Wyckoff addressed the Council and stated she supported a special election to
fill the vacated seat.
43
11
Ann Waltonsmith, previous Mayor and Councilmember, provided a brief report on
the history of Councilmember Jim Shaw’s passing while a member of the Saratoga
Council and how she was appointed to fulfill his remaining term.
No one else requested to speak on this item.
Mayor King closed the public comment period.
COUNCIL DISCUSSION:
Vice Mayor Hunter noted she supports a special election to fill the vacancy.
Councilmember Page noted he supports an appointment to fill the vacancy.
Councilmember Miller noted he supports an appointment to fill the vacancy and
added Council should agendize the discussion of Mayoral rotation on a future agenda
in order to address the rotation protocol under these conditions.
Mayor King noted she supports an appointment to fill the vacancy and added the
interview and appointment process should be conducted in a public forum.
Mayor King called for a motion and a vote at this time.
PAGE/MILLER MOVED TO FILL THE VACANT COUNCIL SEAT AS SOON
AS POSSIBLE BY APPOINTMENT TO COMPLETE COUNCIL MEMBER
NAGPAL’S TERM (THAT TERM RUNS UNTIL THE COUNCIL
REORGANIZATION FOLLOWING THE NOVEMBER 2012 ELECTION.
MOTION PASSED 3-1-Vacant WITH VICE MAYOR HUNTER OPPOSING.
DISCUSSION OF APPOINTMENT PROCESS:
Council suggested a Study Session on Monday, May 24, 2010 at 5:00PM to discuss
the interview and appointment process.
Council suggested Friday, June 4, 2010, 12:00 noon – application submittal deadline.
Council suggested Monday, June 7, 2010, at 6:00 p.m. to conduct interviews of
applicants that have submitted applications and other required documents expressing
an interest in being appointed to fill the unexpired term of Councilmember Susie
Nagpal, which runs until the Council reorganization following the November 2012
election.
PAGE/MILLER MOVED TO DIRECT STAFF TO IMPLEMENT THE
PROPOSED DATES OF 1) STUDY SESSION ON MONDAY, MAY 24, 2010
AT 5PM; 2) FRIDAY, JUNE 4, 2010, 12:00 NOON – APPLICATION
SUBMITTAL DEADLINE; AND 3) MONDAY, JUNE 7, 2010, INTERVIEW
APPLICANTS INTERESTED IN BEING APPOINTED TO FILL
UNEXPIRED TERM OF COUNCILMEMBER SUSIE NAGPAL. MOTION
PASSED 4-0-Vacant.
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At this time Mayor King moved to Item 10. FISCAL YEAR 2010/11 PROPOSED
OPERATING AND CAPITAL BUDGET PUBLIC HEARING.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association Selection Committee – she attended the last meeting and Bonnie
Broderick spoke about the “no sugar” beverage program in County facilities; diet drinks
are permitted. Ms. Broderick also noted that they did receive $7 million in Federal
funding that was available to fight obesity and/or tobacco use, and they will use these
funds to help fight tobacco use and must come up with a plan quite quickly showing how
the funds will be spent over the two-year period.
[Councilmember Miller suggested the City should apply for a $50,000 grant to move
forward with the adoption of the no smoking in parks ordinance]
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – meets next week.
SASCC – meets next week.
Historical Foundation – met last week and they had a great discussion about the Erie
Canal. The Foundation has a newsletter that will be going out shortly.
Councilmember Howard Miller – reported:
KSAR – has approved their operating budget for the next Fiscal Year and are continuing
to look at their capital budget with regard to a PEG fee, which comes from the cable
company ad AT&T; discussion continues on intern planning.
Santa Clara County Cities Association Board – has addressed their next Fiscal year’s
budget and they discussed plans for addressing the excess reserves the Association has
amassed in the last five years. The excess reserves isn’t large, however, they would like
to adjust the rate structure downward and hold the rate constant for a period of time in
order to use up the reserves.
West Valley Solid Waste Joint Powers Authority – adopted next Fiscal Year budget;
implemented statutory rate increases and franchise rate increase; and they approved
commercial food scrap recycling beginning January 1, 2011, with direction to the hauler
to do extensive outreach to key businesses and to the chamber of commerce’s
representing the cities being served.
West Valley Transportation Authority PAC – the State has authorized up to a $10 tax per
vehicle and the VTA PAC Board will decide if they want to move forward with a ballot
measure to get it passed.
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – asked that staff provide information regarding the
location of the meetings.
West Valley Sanitation District – he attended the last meeting and discussion took place
regarding a Prop 218 question regarding a minimal rate increase over a three year period;
the District’s long time attorney has retired and a new attorney has been hired to
represent the District.
CITY COUNCIL ITEMS
None
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CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor King asked for a motion to adjourn.
MILLER/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 10:30PM.
MOTION PASSED 4-0-Vacant.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
46
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey
SUBJECT: Treasurer’s Report for the Month Ended April 30, 2010
RECOMMENDED ACTION
Review and accept the Treasurer’s Report for the month ended April 30, 2010.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code
of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City
Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all
receipts, disbursements, and fund balances.
Section 41004. Regularly, at least once each month, the City Treasurer shall submit to
the City Clerk a written report and accounting of all receipts, disbursements, and fund
balances. He shall file a copy with the legislative body.
The following attachments provide various financial transaction data for the City of Saratoga’s
Funds collectively as well as specifically for the City’s General (Operating) Fund, including an
attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of
1977 to present.
FISCAL IMPACT
Cash and Investments Balance by Fund
As of April 30, 2010, the City had $310,180 in cash deposit at Comerica bank, and $14,972,069
on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994,
states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from
all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of
April 30, 2010 is $15,282,249 and exceeds the minimum limit required.
47
The Fund Balance schedule presented on the following page represents actual funding available
for all funds at the end of the monthly period. This amount differs from the above Cash
Summary schedule as assets and liabilities are components of the fund balance. As illustrated in
the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the
amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual
amount of funds available.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A – Change in Total Fund Balances by Fund
B – Change in Total Fund Balances by CIP Project
C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Unrestricted Cash
Comerica Bank310,180$
Deposit with LAIF14,972,069$
Total Unrestricted Cash15,282,249$
Cash Summary
Total Unrestricted Cash15,282,249$
Plus: Assets555,525
Less: Liabilities (995,650)
Ending Fund Balance14,842,124$
Adjusting Cash to Ending Fund Balance
48
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE
Fund Description
Fund
Balance
7/1/09
Increase/
(Decrease)
Jul-Mar
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
4/30/10
General
Undesignated Unreserved Balance857,524 (1,395,695) 3,502,564 1,396,035 - 1,568,359
Reserved Fund Balance:
Petty Cash Reserve1,300 - - - - 1,300
Designated Fund Balances:- -
Designated for Operations 2,870,140 - - - - 2,870,140
Designated Economic Uncertainty 1,500,000 - - - - 1,500,000
Designated for Development 707,380 - - - (75,000) 632,380
Designated for Environmental 613,182 - - - (50,000) 563,182
Designated for Uncollected Deposits182,159 - - - - 182,159
Designated for Mid Pen Open Space 250,000 - - - (250,000) -
Designated for Hillside Reserve300,000 - - - - 300,000
Designated for CIP Matching Grant600,000 - - - - 600,000
Designated for CIP Transfer 300,000 - - - (300,000) -
Designated for Economic Stability25,000 - - - (25,000) -
Designated for Carryforward22,000 - - - (22,000) -
Special Revenue
Landscape/Lighting Districts359,917 6,244 46,469 60,758 - 351,873
CDBG Federal Grants- (42,859) 71,157 - - 28,298
SHARP Loan209,175 666 - - - 209,842
Capital Project
Street Projects1,926,230 40,438 115,433 87,421 - 1,994,681
Park and Trail Projects542,045 140,983 - 4,372 - 678,656
Facility Improvement Projects953,833 (353,198) (25,738) 65,648 - 509,251
Administrative Projects163,910 15,684 - 9,820 - 169,773
Tree Fine Fund62,943 (43,759) - (773) - 19,957
CIP Grant Fund - Street Repair(81,463) (218,679) 234,601 30,570 - (96,111)
CIP Grant Fund - Park & Trail(119,015) 88,033 - 855 - (31,837)
Gas Tax Fund62,495 (119,521) 244,244 - - 187,218
Debt Service
Library Bond 931,361 (482,254) 2,407 - 451,514
Internal Service Fund
Liability/Risk Management202,872 (37,880) 62,500 3,719 - 223,772
Workers Compensation123,034 38,022 62,500 1,643 - 221,914
Office Stores Fund39,633 4,525 (5,953) 2,814 - 35,391
Information Technology Services 174,838 42,219 100,946 36,870 - 281,133
Equipment Maintenance56,654 20,095 39,250 23,165 - 92,834
Building Maintenance208,842 66,442 141,850 68,266 - 348,869
Equipment Replacement153,214 124,373 (40,000) - - 237,586
Technology Replacement315,290 (57,669) 14,503 2,473 - 269,651
Trust/Agency
Library Fund354,394 (35,012) - (32,615) - 351,997
KSAR - Community Access TV84,603 (10,812) 14,553 - - 88,344
Total City14,953,490 (2,209,615) 4,581,286 1,761,039 (722,000) 14,842,124
49
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/09
Increase/
(Decrease)
Jul-Mar
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
4/30/10
Street Projects
Traffic Safety90,472 78,352 - 21,027 147,796
Highway 9 Safety Project45,129 8,194 - 3,573 49,750
Annual Street Resurfacing Project233,602 (46,111) 115,433 42,993 259,931
Sidewalks Annual Project18,935 82,425 - 3,975 97,385
Saratoga Sunnyvale Road Resurfacing64,972 34,040 - - 99,011
Traffic Signal @ Verde Vista Lane90,000 - - - 90,000
Fourth Street Bridge100,000 - - - 100,000
Quito Road Bridge Replacement Design9,730 - - - 9,730
Quito Road Bridge Construction115,726 - - - 115,726
Village Newsrack Enclosure23,307 (10,723) - 12,246 338
Village Façade Program18,815 (2,837) - - 15,978
Solar Power Radar Feedback Signs24,158 - - - 24,158
El Quito Area Curb Replacement37,553 - - - 37,553
Sobey Road Culvert Repair150,000 - - - 150,000
Annual Storm Drain Upgrade246 53,637 - - 53,883
Village Trees & Lights at Sidestreets25,336 - - - 25,336
Village Pedestrian Enhancement9,128 6,489 - (146) 15,764
Prospect Road Median151,036 (99,373) - - 51,663
City Entrance Sign/Monument23,788 - - - 23,788
Village-Streetscape Impv 517,188 (7,050) - 3,752 506,385
Saratoga-Sunnyvale/Gateway Sidewalk4,107 (585) - - 3,522
Comer Drive Retaining Wall173,003 (56,020) - - 116,983
Total Street Projects1,926,230 40,438 115,433 87,421 - 1,994,681
Parks & Trails
Hakone Garden Koi Pond49,150 (23) - - 49,127
EL Quito Park Improvements43,905 - - 4,353 39,552
Wildwood Park - Water Feature/Seating275 (275) - - -
Historical Park Landscape33,890 972 - - 34,862
Hakone Garden Retaining Wall & D/W142,829 - - - 142,829
Hakone Garden Upper Moon House 125,000 - - - 125,000
Kevin Moran Improvements69,082 (69,082) - - -
West Valley Soccer Field(29,176) 20,975 - - (8,201)
Park/Trail Repairs7,748 (4,878) - - 2,870
Trail Segment #3 Repair7,912 (7,912) - - -
Teerlink Ranch Trail14,850 (14,850) - - -
Tank Trail Repair60,695 (33,945) - 19 26,731
Mid Pen O/S Land Purchase- 250,000 - - 250,000
CIP Allocation Fund15,885 - - - 15,885
Total Parks & Trails542,045 140,983 - 4,372 - 678,656
Facility Improvements
Warner Hutton House Improvements812 (812) - - -
Facility Projects108,643 (41,236) (1,000) 12,877 53,530
Civic Center Improvement4,294 (340) - 2,873 1,081
CDD/Engineering - Carpet- - - - -
Theater Improvement68,518 (16,710) 25,000 9,037 67,771
Adult Care Wash Station- 25,000 - - 25,000
Book-Go-Round Bldg Paint- 5,000 - - 5,000
Corp Yard - Men's Restroom1,829 365 (1,744) 450 -
Fire Alarm at McWilliams & Museum11,371 - - - 11,371
North Campus Improvements43,960 (40,425) - - 3,536
North Campus - Bldg Removal73,250 (73,037) - - 213
Civic Hall Sewer Pump Rep- (110) 11,062 10,952 -
Portable Carpeting- 3,890 (780) 3,110 -
HVAC System Upgrade- 125,000 - 2,484 122,517
Multi-Purpose Room Fund250,000 (250,000) - - -
Kitchen Improvement- 25,661 (25,661) - -
Corp Yard Solar Project93,250 125,000 - - 218,250
Library HVAC Upgrade276,143 (243,528) (32,615) - -
Library - EXT Improvement10,000 5,000 - - 15,000
Museum ADA Ramp - CDBG- (1,915) - 23,866 (25,781)
McWilliams House Improvement10,000 - - - 10,000
Historical Park Fire Alarm System1,762 - - - 1,762
Total Facility Improvements953,832 (353,198) (25,738) 65,648 - 509,251
Administrative Projects
Financial System Upgrade3,534 - - - 3,534
Document Imaging Project86,780 (1,597) - - 85,183
CDD Document Imaging Project36,635 (4,646) - - 31,989
Website Development Project30,959 (28,074) - - 2,885
IT Emergency Power Back- 10,000 - - 10,000
IT Server Room A/C- 40,000 - 9,820 30,180
KSAR Equip Upgrades6,002 - - - 6,002
Total Administrative Projects163,910 15,684 - 9,820 - 169,773
Tree Fine Fund
Tree Fine Fund62,943 (43,759) - (773) 19,957
CIP Fund - Street Repair
CIP Grant Fund(81,463) (218,679) 234,601 30,570 (96,111)
CIP Fund - Park & Trail
CIP Grant Fund(119,015) 88,033 - 855 (31,837)
Gax Fund
Gas Tax Fund62,495 (119,521) 244,244 - 187,218
Total CIP Funds3,510,977 (450,019) 568,540 197,913 - 3,431,587
50
ATTACHMENT C
51
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.
05/13/10 115102 115151 49 136,127.02 05/13/10 05/06/10 115101
05/20/10 115152 115200 48 455,999.90 05/20/10 05/13/10 115151
AP Date Check No. Issued to Dept.Amount
05/13/10 115108 Non-Dept 42,612.78
05/13/10 115151 Public Works 20,661.40
05/20/10 115159 Public Works 29,590.98
05/20/10 115177 Public Works 23,197.50
05/20/10 115181 Public Safety 344,573.67
The following are Accounts Payable checks that were voided :
AP Date Check No.Amount
05/13/10 None -
05/20/10 112744 (55.00)
Checks
Released
May 13, 2010
May 20, 2010
Annual Storm Drain Cleaning
SARATOGA CITY COUNCIL
MEETING DATE:June 2, 2010 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
Type of Checks Date
Starting
Check No.
Ending
Check No.Total Checks Amount
Monthly Law Enforcement
Prof Svcs - ADA Signal &
Building Roof Frame
EvaluationMark Thomas & Co
CIP Streets Projects &
General
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:
Comp Shared Risk
Pool Worker's Comp Deposit Premium Q4/10
Fund Purpose
Accounts Payable
Accounts Payable
West Valley Sanitation General
Marina Bezak Staledated - Void/Reissued
Office of Sheriff General
BFK Engineers
CIP - Street Projects &
Grant Fund - CIP Streets Prof Svcs - Hwy 9 / Phase III
Issued to Description
52
The following is a list of cash reduction by fund:
Fund #AP 05/13 AP 05/20 Total
111 General 76,396.77 365,324.54 441,721.31
231 Village Lighting 133.56 133.56
243 Carnelian Glen 93.38 93.38
244 Cunningham/Glasgow Landscape 43.25 43.25
247 Kerwin Ranch Landscape 231.47 231.47
249 Manor Drive Landscape 55.80 55.80
252 Prides Crossing Landscape 10,429.00 10,429.00
253 Saratoga Legends Landscape 290.95 290.95
254 Sunland Park Landscape 560.14 560.14
255 Tricia Woods Landscape 12.56 12.56
271 Beauchamps Landscape 111.24 111.24
273 Gateway Landscape 8.58 8.58
274 Horseshoe Landscape/Lighting 217.88 217.88
277 Village Commercial Landscape 505.41 505.41
311 Library Bond Debt Service 795.00 795.00
411 CIP Street Projects 1,140.92 32,180.71 33,321.63
413 CIP Facility Projects 7,125.28 7,125.28
421 Tree Fine Fund 803.53 803.53
431 Grant Fund - CIP Streets 2,568.75 26,696.89 29,265.64
432 Grant Fund - Parks & Trails 450.80 450.80
611 Liability/Risk Mgt 330.81 900.00 1,230.81
612 Workers' Comp 43,077.12 43,077.12
621 Office Stores Fund 1,413.00 196.60 1,609.60
622 Information Technology 2,610.61 107.17 2,717.78
623 Vehicle & Equipment Maint 3,654.25 2,639.51 6,293.76
624 Building Maintenance 2,180.53 3,307.85 5,488.38
631 1,357.79 1,357.79
632 4,175.27 4,175.27
136,127.02 455,999.90 592,126.92
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
53
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62
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Adoption of Fiscal Year 2010/11 Operating & Capital Budget and the Environmental
Impact Assessment for new CIP projects
RECOMMENDED ACTIONS
1. Adopt resolution approving the Proposed FY 2010/11 Operating and Capital Budgets, directing staff
to incorporate within the final adopted budget any changes related to minor corrections, carryforward
appropriations, refined estimates, grant approvals, claim reimbursements, pass-through
appropriations, or additional direction from Council upon adoption of the budget.
2. Adopt attached Environmental Impact Assessment for new projects included in the FY 2010/11 CIP
update.
BACKGROUND
The City’s Proposed Operating and Capital Budgets reflect both revenue and expenditure appropriations
which provide for the City’s service operations, administration, obligations, and infrastructure
improvement projects.
The City’s Operating Budget document is structured into a departmental format which defines
departmental oversight, key program services, and significant projects or initiatives for the fiscal year.
Summary level revenue and expenditure budget appropriations and assigned personnel schedules for
proposed, current and prior years are included within each departmental program to identify the resources
used to provide these services and operations, and for historical reference. The Financial Summaries
section of the Operating Budget document compiles the individual financial and staffing information into
summary schedules to provide users with an consolidated view of funding sources and uses from
different perspectives, including departmental, fund type, and category.
The City’s Capital Budget document is structured into four program areas, (Streets, Parks & Trails,
Facilities, and Administrative Improvement Projects) which are further categorized by either the type of
infrastructure improvement in the Streets and Administrative Improvement programs, or by site in the
Parks & Trails and Facilities programs. The Capital Improvement Plan represents a multi-year work plan
for major capital expenditures and related funding sources, to improve and maintain the various types of
city infrastructure.
Attached to this report, for Council adoption, is an Environmental Impact Assessment report in
compliance with the California Environmental Quality Act (CEQA) requirement to ensure an assessment
of the environmental impacts of new projects has been made by the governing body.
63
REPORT DISCUSSION
Budget Status
A public hearing was held on May 19, 2010 to review the City of Saratoga’s proposed operating and
capital budgets and obtain community input. The FY 2010/11 Proposed Operating Budget sustains
service levels, operations, and obligations as are currently in place, with a few exceptions. Staff time
will be impacted with the reduction of six full-time staff to part-time status, and from a 3 day furlough for
the remainder of the City’s full-time staff. Overtime and temporary staff hours were also reduced. These
reductions will impact services and workload, particularly in the City Manager’s Office where three of
the FTE reductions will occur.
There will be numerous operational changes, including two that will be visible to the public. The
Saratogan newsletter will no longer be delivered as a stand-alone mailing to residents; it will instead be
included in the City’s recreation guide and mailed to residents on the three times a year recreation guide
schedule. A second noticeable change will come from restricting public notifications published in the
newspaper to those notices that are legally required to be published, such as ordinances and fee hearings.
Beginning next year, notifications such as the annual public hearing for the budget will be posted at City
Hall and on the City’s website in order to reduce expenses.
In addition to new reductions, most prior year operating budget expenditure reductions will continue,
most notable are the elimination of: a Planner and Building Inspector position in Community
Development; a Recreation Coordinator position in Recreation; and the reduction of the City Manager’s
Executive Assistant from full-time to three-quarter time. The city continues to under-fill the IT
Technician position with a temporary IT Intern for the third consecutive fiscal year, and a temporary
half-time Sr. Accountant backfills the eliminated Accounting Supervisor position. Staff continues to
seek out opportunities to increase operational efficiencies and reduce service costs on an ongoing basis,
in order to provide the best use of City resources.
Budget Appropriations
The Operating & Capital Budget’s Financial Summaries include schedules which illustrate summary
level revenue and expenditures information. This first schedule on the following page illustrates the
Proposed Budget’s total activity by fund, categorized by fund group, beginning with the estimated July 1,
2010 fund balance, adding and subtracting all budgeted activity, and ending with the estimated year end
fund balance at June 30, 2011.
This Total Fund Activity Summary schedule categorizes the City’s different funds by function.
Operating Funds support the City’s general operations, restricted revenue programs and services, and
internal support services. Debt Service Funds account for the funding and payment of the City’s bond
debt, and Trust & Agency Funds account for funds held in a trustee capacity; not to be used for City
purposes. Capital Funds are used to account for major acquisition and construction of asset expenditures,
in order to separate one-time activity from ongoing operational activities.
As shown, the Operating Budget’s Total Expenditures and Transfers-Out exceed Total Revenues and
Transfers-In. This is a consequence in part, of transferring out prior year operating fund surpluses to the
Capital Project Funds. Additionally, other fund expenditures may be budgeted higher than revenues in
some budget years. This would occur for example, in a replacement Internal Service Fund, where
funding receipts may be less than amounts budgeted for replacement during any given fiscal year. It will
also occur if the Internal Service Fund (ISF) includes current year contingency funding which may or
may not be expended. This is typical in the Building Maintenance ISF to allow for urgent repairs to be
made if needed, while avoiding a continual build-up of fund balance if repairs are not needed.
64
Total Fund Activity Summary
FY 2010/11
Estimated Revenues Expenditures Source (Use)Estimated
Fund Balance && of Fund Balance
Fund Category July 1, 2010 Transfers In Transfers Out Fund Balance June 30, 2011
Operating Funds
General Fund
Reserve for Petty Cash 1,300 - - - 1,300
Designated for Operations 2,891,666 - - 28,917 2,920,582
Economic Uncertainty 1,500,000 - - - 1,500,000
Environmental Reserve 563,182 - - (50,000) 513,182
Development Reserve 632,380 - - (210,000) 422,380
Uncollected Deposits 182,159 - - - 182,159
CIP/Matching Reserve 726,983 - - (505,000) 221,983
Hillside Stability Reserve 300,000 - - - 300,000
Undesignated Fund Balance 884,762 15,285,004 (16,045,428) 736,083 860,421
Total General Fund 7,682,432 15,285,004 (16,045,428) - 6,922,008
Special Revenue Funds
CDBG Program Fund - 394,356 (394,356) - -
SHARP Program Fund 210,125 1,000 - - 211,125
Landscape & Lighting Districts 437,472 455,193 (631,156) - 261,509
Internal Service Funds
Liability/Risk Management 241,493 281,500 (393,464) - 129,529
Workers Compensation 199,109 225,000 (247,791) - 176,318
Office Support Services 31,033 42,000 (48,050) - 24,983
IT Services 127,589 400,000 (440,134) - 87,454
Vehicle & Equipment Maintenance 59,693 200,000 (210,623) - 49,070
Building Maintenance 189,039 725,000 (741,161) - 172,878
Vehicle & Equipment Replacement 237,587 100,000 (99,000) - 238,587
IT Equipment Replacement 158,296 50,000 (77,500) - 130,796
Total Operating Funds 9,573,868$ 18,159,053$ (19,328,664)$ -$ 8,404,257$
Debt Service
2001 Series GO Bonds 959,553 962,000 (1,019,656) - 901,897
Total Debt Service 959,553$ 962,000$ (1,019,656)$ -$ 901,897$
Trust & Agency Funds
Library Capital Improvement 345,033 - (345,033) - -
KSAR 105,588 68,500 (174,088) - -
Total Trust & Agency Funds 450,621$ 68,500$ (519,121)$ -$ -$
TOTAL OPERATING BUDGET 10,984,042$ 19,189,553$ (20,867,441)$ -$ 9,306,154$
Capital Funds
Street Projects 1,258,469 5,335,132 (6,494,857) - 98,744
Park & Trail Projects 556,413 2,589,807 (3,146,220) - -
Facility Projects 438,443 761,636 (1,200,079) - -
Administrative Projects 219,773 - (219,773) - -
Total Capital Funds 2,473,097$ 8,686,575$ (11,060,929)$ -$ 98,744$
TOTAL ALL FUNDS 13,457,139$ 27,876,128$ (31,928,370)$ -$ 9,404,898$
65
Of particular note on the Total Activity schedule, is that the Capital Projects Funds reflect end-of the-
year estimates two months prior to the end of the fiscal year - which means there will be many project
ending balance changes, which changes the final budget numbers. The impact of this is that for Capital
Budgets, estimated year-end project balances are automatically carried forward as continued budgeted
appropriations into the following fiscal year. CIP projects are multi-year operations; therefore the
beginning fund balance is dependent on prior year project expenditures which are not finalized at the
time the proposed budget is adopted.
In addition, on the budget schedule, the entire estimated carryforward and all new funding is typically
appropriated and subsequently expended during the new budget year, typically leaving a fund balance of
zero in each of the Capital Project funds. This method of full appropriation provides flexibility to allow
the full funding for the project to be encumbered under contract if needed (as project work extends
beyond fiscal year boundaries). However, the result of this capital budgeting method is a higher
estimated Beginning Fund Balance than the estimated Ending Fund Balance, (as well as higher revenue
and expenditure appropriations than will actually occur). For FY 2010/11, a balance of $98,744 remains
in the Streets program at year end as funds designated for a utility undergrounding project were not
appropriated as final development of the project scope is on hold awaiting additional funding.
Budget Adjustments
Throughout the year, Council may approve both Operating and Capital Budget adjustments for additional
initiatives or projects. Within the Operating Budget, the Council approves the budget at the Fund level,
meaning the City Manager is authorized to make program and account changes within a fund, however
Council approval is required for adjustments that would either increase or decrease fund appropriations.
The Capital Budget is authorized at the project level, meaning Council approval is required for both
appropriation dollar changes and project scope changes. As a budget simplification, projects are
typically budgeted with total expenditure appropriations accounted for in one project construction
account, whereas actual expenditures are accounted for in the appropriate capital expense account. As a
contingency built into the budget resolution, if at project close, an immaterial project balance remains,
the amount will be transferred out to the annual Streets Resurfacing project in the Streets Program, to the
Annual Park & Trail Maintenance project in the Parks & Trail program, to the Annual Facility
Improvement project in the Facility Program, and to the Manager’s Records Management project in the
Administrative Improvements program. If the ending balance is material, a fund balance transfer to
another project or back to the General Fund Capital Reserve will be requested for approval from the
Council. This methodology simplifies project closure while still retaining appropriated funding in the
original capital project fund.
General Fund
The General Fund is the main operating fund used to account for the majority of the City’s operations.
The following two charts provide a graphical overview of the budgetary appropriations for General Fund
revenues and expenditures by category. The schedules below each graph provide summary level
financial data for the proposed budget year (gray column), as well as the current and two prior fiscal
years for historical reference.
As you can see on the following page, the General Fund Revenue and Transfers In chart includes
additional funding from designated reserves to clearly identify the total General Fund sources which
offset the total General Fund uses. The second chart; General Fund Expenditures and Transfers Out
shows that total uses is slightly less than the total sources, leaving us with a balanced General Fund
budget.
66
General Fund Revenues & Transfers In By Category
FY 2010/11
FY 2007/08 FY 2008/09 FY 2009/10 FY 2009/10 FY 2010/11 % of
Revenue Category Actuals Actuals Adjusted Estimated Proposed Total
Property Tax 7,922,815$ 8,155,362$ 8,175,500$ 8,091,904$ 8,022,600$ 52.5%
Sales Tax 1,057,977 1,043,034 910,000 875,000 910,000 6.0%
Transient Occupancy Tax 211,532 151,378 140,000 120,000 120,000 0.8%
Business & Other Taxes 482,184 511,675 490,000 425,000 425,000 2.8%
Franchise Fee Tax 1,623,318 1,656,716 1,675,000 1,651,579 1,652,000 10.8%
Intergovernmental 428,304 303,212 268,500 323,377 267,000 1.7%
Fees, Licenses & Permits 1,747,922 1,186,319 1,083,750 1,036,249 1,012,300 6.6%
Charge for Services 1,738,918 1,670,175 1,551,531 1,461,411 1,532,035 10.0%
Interest 615,731 362,588 170,000 90,275 90,000 0.6%
Rental Income 386,834 366,619 364,342 411,694 435,320 2.8%
Other Sources 387,958 467,124 288,000 357,789 569,200 3.7%
Total Revenues 16,603,493$ 15,874,201$ 15,116,623$ 14,844,277$ 15,035,454$ 98.4%
Fund Transfers In 2,275,254 153,732 273,859 325,842 249,550 1.6%
Total Revenues & Transfers 18,878,747$ 16,027,933$ 15,390,482$ 15,170,119$ 15,285,004$ 100.0%
Funding from Use of Designated Funds
Theater Surcharge Deposit - 53,167 - - -
Funding Carryforward 80,000 58,386 22,000 22,000 -
Development Reserve 99,447 75,000 75,000 75,000 210,000
Environmental Reserve 40,000 66,735 50,000 50,000 50,000
CIP Reserve - 1,400,000 550,000 550,000 505,000
Economic Stability Reserve - - 25,000 25,000 -
Total Operating Sources 19,098,194 17,681,221 16,112,482 15,892,119 16,050,004
67
General Fund Expenditures & Transfers Out By Category
FY 2010/11
FY 2007/08 FY 2008/09 FY 2009/10 FY 2009/10 FY 2010/11 % of
Expenditure Category Actuals Actuals Adjusted Estimated Proposed Total
Salary & Benefits 6,172,956$ 6,485,451$ 6,505,303$ 6,343,849$ 6,553,680$ 40.8%
Materials & Supplies 316,073 216,062 185,525 164,724 174,008 1.1%
Fees & Charges 621,787 619,648 698,080 636,499 701,859 4.4%
Consultant & Contract Services 5,516,722 5,985,878 5,821,677 5,795,654 5,972,756 37.2%
Meetings, Events & Training 73,746 74,204 55,265 44,278 57,975 0.4%
Community Grants & Events 189,934 162,669 208,006 207,792 181,376 1.1%
Fixed Assets 30,127 30,105 - - - 0.0%
Internal Services Charges 2,053,479 2,189,340 1,873,576 1,873,576 1,798,775 11.2%
Total Expenditures 14,974,823$ 15,763,356$ 15,347,432$ 15,066,373$ 15,440,428$ 96.2%
Fund Transfers Out:3,764,304 1,571,727 650,000 650,000 605,000 3.8%
Total Expenditures & Transfers 18,300,791$ 17,335,083$ 15,997,432$ 15,716,373$ 16,045,428$ 100.0%
The FY 2010/11 General Fund proposed budget appropriations reflect net sources (revenues, transfers in,
carryforward, and designated fund balance funding) exceeding uses (expenditures and transfers out to
other funds) by $4,576.
Overall, the FY 2010/11 General Fund proposed budget revenues reflect slightly more ($191,000) than
the current year’s estimated revenues, primarily due to several small expected increases in Sales Tax and
Recreation Services, and a reimbursement from the Sheriff’s Office. Additional funds are coming from
the Development Reserve under Council’s policy of use in economic downturns, from the Environmental
Reserve for Solid Waste diversion programs, and from the CIP reserve to fund approved CIP projects.
Budgeted expenditures reflect an increase from FY 2009/10 estimated expenditures due to increases in
budgeted salary and benefits, and from public safety contracts. Even with staffing and salary reductions,
68
budgeted expenses increased slightly from last year primarily from medical insurance premium increases,
the 1% COLA increase, and some step increases. Under the salary and benefits budgeting method, most
staff is budgeted at the top level, however management staff and temporary staff are not, and these wages
may be adjusted on a yearly basis. In addition, the highest cost medical benefit is used in calculating
benefits in order to build in potential costs that could occur if all employees were to choose the highest
cost medical plan. While this methodology provides consistency in budget numbers, not all staff
members are at top step or use the most expensive medical plan, therefore staffing cost actuals are less
than budget each year, which provides some General Fund savings.
CPI adjustments in both the Sheriff Services and Animal Control Services contracts also contributed to
the budget increase, however with the limited CPI increases in the last couple of years, the increase was
minimized. For the Sheriff’s contract, the increase for the next fiscal year was held to $117,000. For the
Animal Services, the increase from the prior year is $11,200. Overall, the General Fund Operating
Budget’s expenditures reflect reductions in staff time, operating materials, supplies, fees, and services
where available without significantly impacting community services, in order to offset areas of increase.
The Proposed Operating and Capital Budget reflects estimated amounts for FY 2009/10, whereas the
final budget document will be adjusted to actuals prior to publication and posting to provide the public
with accurate information for future year’s reference. The final budget document will also include any
additional changes as a result of direction from Council and/or identified by staff as a clean-up item will
be included in the final budget, per Council’s adoption of the FY 2010/11 Operating & Capital Budget
resolution at the June 2, 2010 Council Meeting.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not adopt an Operating & Capital Budget for FY 2010/11.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTIONS
1. Prepare FY 2010/11 Adopted Operating & Capital Summary and Detail Budget documents as
directed by Council.
2. Monitor revenues and expenditures and provide quarterly reports and updates as necessary to
Finance Committee and Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A: Resolution to Adopt the Fiscal Year 2010/11 Operating & Capital Budget
69
Attachment A
A RESOLUTION OF
THE CITY COUNCIL
OF THE CITY OF SARATOGA
ADOPTING THE FISCAL YEAR 2010/11 OPERATING & CAPITAL BUDGET
WHEREAS, the City Council held a public hearing on the Proposed Operating & Capital
Budget for Fiscal Year 2010/11 on May 19, 2010;
WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City Manager
to prepare and submit the proposed annual budget to the City Council for its approval;
WHEREAS, the Planning Commission has conducted an annual review of proposed new capital
projects for consistency with the City’s general plan; and
WHEREAS, after the Planning Commission’s approval of the proposed new projects the City
Manager did submit a proposed budget for FY 2010/11 to the City Council; and
WHEREAS, the City Council has considered and, upon consensus may provide direction for
modifications to the proposed budget during a public hearing; and
WHEREAS, the City Council gave staff direction to adopt the Fiscal Year 2010/11 operating
and capital budgets as proposed;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
adopts the Fiscal Year 2010/11 Operating & Capital Budget as shown in the Total Fund Activity
Summary schedule in the budget adoption report;
AND BE IT FURTHER RESOLVED, that the final adopted budget includes carry-forward
appropriations for prior year capital projects, identified funding for specified expenditures, grants, and
pass-through balances; that capital projects are in compliance with the General Plan; that there be carried
forward from the prior year within each fund an amount sufficient to cover approved outstanding
encumbrances as of June 30, 2010;
AND BE IT FURTHER RESOLVED, that the City Council hereby directs staff that any
changes or impacts resulting from: Council approval of the meet and confer process or management
compensation plan; from classification adjustments or miscellaneous corrections; from changes due to
more refined estimates, grant approvals, or claim reimbursements; from development fee based pass-
through budget appropriations; or from further City Council consensus direction received on June 2,
2010 be incorporated within the final Fiscal Year 2010/11 Operating & Capital Budgets;
70
Attachment A
AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is
directed to record these changes into the City’s accounting records in accordance with appropriate
accounting practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 2nd day of June, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen King, Mayor
City of Saratoga
ATTEST:
Ann Sullivan,
City Clerk of the City of Saratoga
71
72
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Fiscal Year 2010/11 Gann Appropriation Limit
RECOMMENDED ACTION
Adopt resolution approving the Gann Appropriations Limit for FY 2010/11.
REPORT DISCUSSION
Background
On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann
Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This
proposition, which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit
on the amount of tax revenues that the State and most local government jurisdictions may appropriate
within a fiscal year. This limit grows annually by a population and cost-of-living factor.
The State Appropriation Limit was since modified by two subsequent initiatives - Proposition 98 in 1988
and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding
appropriation limit levels to citizens through a process of refunds, rebates, or other means. Proposition
111 allowed more flexibility in the appropriation calculation factors.
Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other
non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to
January 1, 1979, and for the cost of compliance with court or Federal government mandates.
The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal
year using population and per capita personal income data provided by the State of California’s
Department of Finance. Each year’s limit is based on the amount of tax proceeds that were authorized to
be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in
population and the cost of living.
Calculation
The California Department of Finance distributes the annual percentage change per capita personal
income and the percentage population change within the City and the County to jurisdictions on May 1st
each year. Either the City or County’s population factor may be used in the appropriation calculation
with the California Per Capita Income ∆; however using the larger population factor increases the limit to
a higher dollar amount. Therefore, for Saratoga, the County population factor is more often used.
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The County’s percentage increase in population change is combined with the State’s change in per capita
income to determine the City’s appropriation factor. The current year’s appropriation limit is then
increased by this appropriation factor to calculate the Gann Appropriation Limit for the following fiscal
year. The calculation for the FY 2010/11 limit is as follows:
% Increase in California 2009/10 2010/11
County Per Capita Appropriation Appropriation Appropriation
Population Income Δ Factor Limit Limit
1.0126 X 0.9746 =0.9869 X 31,261,971$ =30,851,813$
FY 2010/11 Calculation
Summary:
The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may
appropriate in the following fiscal year. The City’s proposed budget for FY 2010/11 anticipates
$9,599,500 in Gann designated tax revenues, which is $21,252,313 less than the appropriation limit of
$30,851,813.
Conclusion:
It is recommended that the Council adopt the resolution approving the FY 2010/11 Gann Appropriation
Limit of $30,851,813.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Article XIIIB of the State of California Constitution.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Gann Appropriation Limit Factors and Calculation
B – Resolution
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Attachment A
For Beginning County City California Ending %
YE Population Population Per Capita Limit
Limit Factor Factor Income Δ Limit Increase
2001 19,675,107 1.0163 1.0055 1.0491 20,977,606 6.62%
2002 20,977,606 1.0147 1.0055 1.0782 22,950,540 9.40%
2003 22,950,540 1.0125 1.0191 0.9873 23,092,833 0.62%
2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61%
2005 23,694,794 1.0072 1.0000 1.0328 24,471,983 3.28%
2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57%
2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31%
2008 27,203,516 1.0152 1.0138 1.0442 28,837,681 6.01%
2009 28,837,681 1.0172 1.0077 1.0429 30,592,104 6.08%
2010 30,592,104 1.0156 1.0070 1.0062 31,261,971 2.19%
2011 31,261,971 1.0126 1.0100 0.9746 30,851,813 -1.31%
% Increase in California 2009/10 2010/11
County Per Capita Appropriation Appropriation Appropriation
Population Income Δ Factor Limit Limit
1.0126 X 0.9746 =0.9869 X 31,261,971$ =30,851,813$
2010/11 2010/11 Percentage
Tax Appropriation of
Revenues Limit Limit
9,599,500 /30,851,813$ =31%
June 30
APPROPRIATION LIMIT FACTORS
AppropriationAppropriation
FY 2010/11 Calculation
Percentage of Appropriation
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Attachment B
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE FISCAL YEAR 2010/11 GANN LIMIT APPROPRIATION
FOR THE CITY OF SARATOGA
WHEREAS, the City of Saratoga has established its Base Year Appropriation Limit as
$5,961,747 in Fiscal Year 1978/79; and
WHEREAS, the cumulative changes to population and to the California per capita personal
income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation
Limit as $16,153,314, and
WHEREAS, to the best of the City’s knowledge and belief, the State Department of Finance
figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the
appropriate statistics relevant to the calculation of the Fiscal Year 2010/11 Appropriation Limit, which
includes:
• County population adjustments for the year ended December 31, 2009 equal to 1.26%, and
• City population adjustment for the year ended December 31, 2009 equal to 1.00%, and
• Change in California per capita cost of living for fiscal year 2010/11 equal to .9746%
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of
the State of California, the following figure accurately represents the Fiscal Year 2010/11 Appropriation
Limit for the City of Saratoga at: $30,851,813
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 2nd day of June 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________
Kathleen King, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM: _________
ORIGINATING DEPT: City Manager’s Office CITY MANAGER:
PREPARED BY: DEPT HEAD:
Ann Sullivan, City Clerk Dave Anderson, City Manager
SUBJECT: Resolution Calling the General Municipal Election – November 2, 2010
RECOMMENDED MOTION:
That City Council adopts the Resolution Calling the General Municipal Election for
November 2, 2010.
REPORT SUMMARY
The following report recommends Council adoption of the attached resolution (Attachment 1),
calling the General Municipal Election for three (3) City Council seats.
The resolution specifies the County’s responsibility throughout the filing and election process.
An election calendar highlighting dates of interest to candidates and the public is attached to this
report as references. (Attachment 2)
DISCUSSION:
Pursuant to Election Code commencing with Section 10400, the City Council hereby requests the
Board of Supervisors of the County of Santa Clara to order the consolidation of the general and
special municipal election to be conducted within the boundaries of the City of Saratoga on
November 2, 2010, with respect to which the Board of Supervisors of the County of Santa Clara
has the power to order a consolidation. The City Council further consents to and orders the
consolidation of the general and special municipal election hereby called with the statewide
general election.
Upon consolidation, the consolidation election shall be held and conducted, election officers
appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at
8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in
connection with the election shall be regulated and done by the Registrar of Voters of the County
of Santa Clara in accordance with the provisions of law regulating consolidated elections.
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2
The nomination period for the 2010 General Municipal Election calls for the filing period of
July 12, 2010 – August 5, 2010, except that if an incumbent elective officer does not file within
the period, the voters shall have until 5 p.m. on Wednesday August 11, 2010 to nominate
candidates other than incumbents.
A General Municipal Election hereby is called to be held in and for the City of Saratoga on
Tuesday, November 2, 2010 to elect three (3) Council members, each for a full term of four (4)
years.
In accordance with the California Elections Code Section 13307b), the County Registrar of
Voters is required to provide all election material to be printed in five (5) mandated languages:
English, Chinese, Spanish, Tagalog and Vietnamese, including instructions and words to a
measure.
The resolution provides the following:
1. Call for the General Municipal Election for election of certain officers for November 2,
2010 to be consolidated with the Santa Clara County Registrar of Voters.
2. Requests to the governing body of any political subdivision holding elections on
November 2, 2010, that such election be consolidated with Saratoga’s Municipal
Election, under the administration of the County of Santa Clara Registrar of Voters office.
3. Determining that the length of candidate’s statements shall not exceed four hundred (400)
words in length, those candidates desiring to distribute a candidate’s statement shall pay
the prorated share of the estimated fee per candidate of $2,900.
4. Under Section 10228 of the Election Code there is a required filing fee of $25, which
covers the City costs of processing nomination paper.
FISCAL IMPACT
Election costs have risen since the last General Election and the Registrar of Voters Office
estimates the cost of the 2010 Election for the City of Saratoga to be approximately $48,000.
The Registrar of Voters has based its increased charges per registered voter on several factors
including: printing of bilingual ballots, publication of legal notices, postal rate increase, cost of
living in personnel costs, bilingual recruitment of polling place workshops in targeted precincts,
increased absentee voting, materials and supplies, and DRE (Electronic Voting Equipment
Recovery Fee).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
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3
Publish Notice of Election in the Saratoga News and posting of the Council Agenda.
FOLLOW UP ACTIONS:
A certified copy of adopted Resolution Calling the General and Municipal Election shall be
forwarded to the Santa Clara County Board of Supervisors and Santa Clara County Registrar of
Voters no later than June 30, 2010.
ATTACHMENTS:
1. Resolution
2. General Municipal Election Calendar
3. Notice of Election for Publication
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RESOLUTION NO. 10 -
RESOLUTION OF THE CITY OF SARATOGA ORDERING AND
CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SARATOGA ON NOVEMBER 2, 2010; FOR THE ELECTION OF
CERTAIN OFFICERS; REQUESTING THE SERVICES OF THE
REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF
ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE
CONSOLIDATION OF ELECTIONS AND DETERMINING TO LEVY
THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT
OF CANDIDATES’ FILING FEES; AND PROVIDING FOR
GIVING NOTICE OF ELECTION
WHEREAS, California Election Code Section 1301 provides that the general election
for the City of Saratoga can be held on the day of the statewide general election;
WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a
general election may be consolidated with a statewide election; and
WHEREAS, a statewide election will be held on November 2, 2010;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga:
1. A general municipal election is hereby called to be held in and for the City of
Saratoga on Tuesday, November 2, 2010 to elect three (3) Council Members, each for
a full term of four (4) years.
2. Pursuant to Election Code commencing with Section 10400, the City Council hereby
request the Board of Supervisors of the County of Santa Clara to order the
consolidation of the general municipal election to be conducted within the boundaries
of the City of Saratoga on November 2, 2010, with respect to which the Board of
Supervisors of the County of Santa Clara has the power to order a consolidation. The
City Council further consents to and orders the consolidation of the general municipal
election hereby called with the statewide general election. Upon consolidation, the
consolidated election shall be held and conducted, election officers appointed, voting
precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00
p.m., ballots counted and returned, returns canvassed, and all other proceedings in
connection with the election shall be regulated and done by the Registrar of Voters of
the County of Santa Clara in accordance with the provisions of law regulating
consolidated elections.
3. The City Clerk is hereby authorized and directed to publish a notice of general
municipal election within the time and in the manner specified in Elections Code
Section 12109. The City Clerk is further authorized and directed to do all other
things required by law to hold the general election above provided.
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4. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines
to levy against each candidate availing himself or herself of the service of including a
candidate’s statement not to exceed four hundred (400) words in length in the voter’s
pamphlet, the actual pro-rated cost of printing, handling and translating the candidate
statement, incurred by the City of Saratoga. The estimated cost per candidate for a
four hundred (400) word candidate’s statement is $2,900, in addition to the $25.00
filing fee. The City Clerk shall provide written notice to such effect with each set of
nomination papers issued and shall require payment of the estimated pro rata share at
the time the candidate statement is filed.
5. The City Clerk is hereby authorized and directed to certify to the adoption of the
resolution and to transmit a certified copy to the Board of Supervisors of the County
of Santa Clara and to the Registrar of Voters of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City of Saratoga this 2nd day of
June 2010 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
______________________________
KATHLEEN M. KING,
MAYOR OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA
ATTEST:
_________________________________
ANN SULLIVAN,
CITY CLERK OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA
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NOTICE OF ELECTION
Notice is hereby given that a General Municipal Election will be held in the City of
Saratoga on Tuesday, November 2, 2010, for the following offices: Three (3) Council
Members, each for a full four-year term. The polls will be open between the hours of
7:00 a.m. and 8:00 p.m.
Individuals interested in running for office may obtain nomination papers from and file
them in the City Clerk’s Office, 13777 Fruitvale Avenue, Saratoga, CA. The nomination
period is open from 8:00 a.m. July 12, 2010 through 5:00 p.m. August 5, 2010.
Candidates must be registered voters within the corporate limits of the City of Saratoga.
If an incumbent who is eligible to run for office does not file nomination papers by
August 5, 2010, the deadline will be extended to August 11, 2010.
/s/Ann Sullivan
City Clerk
(PUB: SN 06/29/10)
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project.
RECOMMENDED ACTION:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation
Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue
Walkway Project.
REPORT SUMMARY:
Saratoga Avenue Walkway Project:
In April 2009, Public Works staff applied for a Metropolitan Transportation Commission grant
titled Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application (TDA
Article 3 Grant) for the Saratoga Avenue Walkway Project. Under the TDA Article 3 Grant,
“Guaranteed” funds are made available each year for bicycle/pedestrian projects. On January 21,
1998, a Resolution was passed by City Council in support of the Saratoga Avenue Walkway Project
that utilized the TDA allocations. This project has been ongoing since 1992, and has created new
walkways along Saratoga Avenue from the City limits to Heritage Oak. This year’s Guaranteed
Allocation for the City of Saratoga is $11,937. These funds have also funded Pedestrian Safety
Improvements at Crestbrook Drive, Herriman Avenue and La Paloma Avenue intersections.
DISCUSSION:
Renewed authorization to submit the attached application needs to be granted by the City Council.
This will be accomplished by adopting the attached Resolution.
FISCAL IMPACTS:
No local match is required for TDA Article 3 Grants.
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Page 2 of 2
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be approved, and the TDA Guaranteed Allocation of $11,937 would be
reallocated to other cities in Santa Clara County.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Resolution will be forwarded to the MTC.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available
on the City’s web site in advance of the meeting. A copy of the agenda packet is also made
available at the Saratoga Branch Library each Monday in advance of the Council meeting and
residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS
Resolution
86
Resolution No. INSERT NUMBER
Re:
Request to the Metropolitan Transportation Commission for the allocation of fiscal year 2010-11 Transportation
Development Act Article 3 Pedestrian/Bicycle project funding
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et
seq.
, authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively
for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency
for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled “Transportation Development
Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the
allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be
submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the CITY OF SARATOGA desires to submit a request to MTC for the allocation of TDA Article 3
funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of
pedestrians and/or bicyclists; now, therefore, be it
RESOLVED, that the CITY OF SARATOGA declares it is eligible to request an allocation of TDA Article 3 funds
pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects
described in Attachment B to this resolution, or that might impair the ability of the CITY OF SARATOGA to carry out the
project; and furthermore, be it
RESOLVED, that the CITY OF SARATOGA attests to the accuracy of and approves the statements in Attachment
A to this resolution; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials
shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association
of governments, as the case may be, of SANTA CLARA COUNTY for submission to MTC as part of the countywide
coordinated TDA Article 3 claim.
The CITY OF SARATOGA adopted this resolution on June 2, 2010.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Kathleen King, Mayor
Attest__________________________________
Ann Sullivan, City Clerk City of Saratoga
87
Resolution No. INSERT NUMBER
Re:
Attachment A
Findings
Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2010-11
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Page 1 of 1
1. That the CITY OF SARATOGA is not legally impeded from submitting a request to the Metropolitan
Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor
is the CITY OF SARATOGA legally impeded from undertaking the project(s) described in “Attachment B” of
this resolution.
2. That the CITY OF SARATOGA has committed adequate staffing resources to complete the project(s)
described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters,
including those related to environmental and right-of-way permits and clearances, attendant to the successful
completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in
Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize
the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental
Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other
than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for
the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping
Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for
the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article
3 funding for such a plan has not been received by the CITY OF SARATOGA within the prior five fiscal
years.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed
bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive
bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code
section 2370 et seq.).
9. That any project described in Attachment B that is a “Class I Bikeway,” meets the mandatory minimum safety
design criteria published in Chapter 1000 of the California Highway Design Manual.
10. That the project(s) described in Attachment B are ready to commence implementation during the fiscal year of
the requested allocation.
11. That the CITY OF SARATOGA agrees to maintain, or provide for the maintenance of, the project(s) and
facilities described in Attachment B, for the benefit of and use by the public.
88
Resolution No. INSERT NUMBER
Page 1 of 2
Attachment B
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 10/11 Applicant: City of Saratoga
Contact person: Macedonio Nunez
Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070
E-Mail Address: mnunez@saratoga.ca.us Telephone: (408) 868-1218
Secondary Contact (in event primary not available) John Cherbone
E-Mail Address:jcherbone@saratoga.ca Telephone:(408) 868-1241
Short Title Description of Project: Saratoga Avenue Pathway Project
Functional Description of Project:
Amount of claim: $ 11,937
Asphalt concrete & Portland cement concrete walkway along Saratoga Avenue, between Saratoga-Sunnyvale Rd to Park Place
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction,
inspection, contingency, audit). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the
project is a segment of a larger project, include prior and proposed funding sources for the other segments.
Project Elements: Final design, specification, construction and inspection
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $235,151 $11,937 $11,937
list all other sources:
1.
2.
3.
4.
Totals $235,151 $11,937 $247,088
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is
anticipated).
NO
06/02/10
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. YES
C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California
Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov
).
D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). YES
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and
year) June 2010
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
89
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Leo Salindong DIRECTOR: Mary Furey
IT Analyst Finance & Administrative Services Director
SUBJECT: VoIP Telecommunication Agreement
RECOMMENDED ACTION:
1. Accept report and direct staff to enter into an agreement with ZAG Technical Services / 3GC Group
to replace the existing PBX telecommunication system with a Voice over Internet Protocol (VoIP)
telephone system for the main City Hall buildings, the Joan Pisani Community Center, the
Corporation Yard, the Saratoga Area Senior Coordinating Council and the Saratoga Prospect Center.
2. Adopt Budget Resolution to transfer $55,000 from the IT Equipment Replacement Fund to the CIP
Administrative Fund.
BACKGROUND:
During the December 2, 2009 City Council Meeting, staff was directed to move forward with a Request
for Proposal (RFP) to replace the existing PBX telecommunication system with a VoIP telephone system.
At the time, Council indicated that staff should seek proposals that would enable VoIP connectivity
throughout the main City Hall buildings, the Joan Pisani Community Center, the Corporation Yard, the
Saratoga Area Senior Coordinating Council (SASCC) and the Saratoga Prospect Center. Additionally,
staff was directed to request RFP submittals that offered electronic fax integration in the system.
A VoIP Telephone Agreement committee comprised of four staff members was established to develop the
RFP and review submittals. Members included Rob Balbuena, Crystal Morrow, Thomas Scott, and Leo
Salindong. The RFP was released to the public on March 3, 2010 and proposals were due by March 31,
2010.
The City received a total of twelve submittals to the VoIP Telephone System Upgrade RFP. Various
phone systems were proposed including Avaya, AltiGen, Cisco, NEC Sphericall, ShoreTel, 8x8, and
3COM. Proposals were evaluated based on the following criteria as stated in the RFP:
• Clarity of Proposal
• Demonstrated success in similar projects (particular attention was paid to proposals from
businesses with experience implementing VoIP telephone systems for municipalities)
• Responsiveness of the proposal to the City’s objective and scope of work
• The technical ability, capacity, and flexibility of the proposer to perform the scope of work
• Total cost of proposal
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Of the twelve proposals, four submissions met all the requirements outlined in the RFP – Capture
Technologies, Network Computing Architects, Packet Fusion, and ZAG Technical Services / 3GC Group.
The four companies specialize in AltiGen and ShoreTel phone systems.
Below is a matrix comparing costs for hardware, software, installation, and training.
To determine which business would best be able to meet the needs of the City, staff held interviews with
each of the four selected firms and requested a demonstration of their proposed VoIP telephone system.
During these meetings, each business presented their VoIP telephone system and answered questions
regarding their proposal, company, and services.
From the demonstrations, staff paid particular attention to each company’s response to meeting the
security goal of keeping SASCC’s data network separate from the City’s network and the desired remote
site connectivity for Saratoga Prospect Center. In addition, staff made observations noting key strengths
and weaknesses in the overall design of the proposed VoIP platform and architecture from each
company’s presentation.
Staff reviewed each presentation and agreed that ZAG Technical Services / 3GC Group gave the best
overall response to the requirements contained in the VoIP RFP. During the interview process, all key
areas of interest from staff were satisfied regarding their proposed VoIP architecture and support, and
follow-up discussions with client references were consistently positive.
Capture
Technologies
Network Computing
Architects
Packet
Fusion
ZAG Technical
Services/3GC
GPHONE SYSTEM AltiGen ShoreTel ShoreTel ShoreTel
City Hall Campus
28,975
(bundled with partial
software license costs)
Software License 7,875 9,213 9,462 1,666
Subtotal $ 38,228 $ 33,646 $ 32,686 $ 30,641
SASCC
Hardware 2,275 2,754 3,530 1,733
Software License 525 1,036 1,064 952
Subtotal $ 2,800 $ 3,790 $ 4,594 $ 2,685
Saratoga Prospect Center
Hardware 831 2,509 1,513 743
Software License 375 810 456 408
Subtotal $ 1,206 $ 3,320 $ 1,969 $ 1,151
PHONE SYSTEM TOTAL $ 42,234 $ 40,756 $ 39,249 $ 34,476
Tax (Hardware/Software) 3,907 3,770 3,631 3,189
Installation 4,800 7,000 10,500 14,995
Training - User & Admin 800 1,825
*combined with
Installation costs
*combined with
Installation costs
TOTAL CAPITAL COSTS $ 51,741 $ 53,350 $ 53,379 $ 52,660
23,224 24,433 30,353 Hardware
91
SUMMARY:
Preferred Vendor - Of the three companies providing solutions with ShoreTel VoIP platforms, the joint
proposal from ZAG Technical Services / 3GC Group best addressed all specific requirements and security
goals stated in the VoIP RFP, as well as offering the most cost effective overall design and
implementation.
Preferred Platform - This determination allowed staff to narrow the selection to Capture Technologies’
AltiGen VoIP solution and ZAG Technical Services / 3GC Group’s ShoreTel VoIP solution. Although
both systems provided similar functionality and operation, staff consistently found ShoreTel’s devices
and overall interface required the least amount of technical knowledge for staff to understand and operate.
Staff determined that ShoreTel’s integration with Outlook was simpler to understand and use for staff
with less technical knowledge. For administrative functions, staff noted advantages that ShoreTel’s
administrative console had grouping functions for making changes to set workgroups, whereas with the
AltiGen system workgroup changes would need to be configured one user at a time.
The phone units offered by the companies specializing in ShoreTel felt more ergonomic to touch and had
a more pleasing aesthetic feel and value over the AltiGen phones. Furthermore, the ShoreTel phones
offered more features and were easier to use. Staff believed that ShoreTel’s VoIP platform offered a
variety of features and qualities that would best meet the City’s needs. A list of features and functions for
the ShoreTel platform and devices is included in Attachment A.
In addition, ZAG Technical Services / 3GC Group was the only business that included a bundled
ShoreTel package offering a broader collection of features that other firms did not offer.
The bundled ShoreTel package included three levels of software licenses:
• Level 1: Extension/Mailbox License/Personal Call Manager
• Level 2: Professional Call Manager
• Level 3: Mobile Call Manager
The Professional Call Manager allows further desktop integration for users requiring more advanced call
management, while the Mobile Call Manager allows users to sync personal phone devices as well as other
wireless devices to the ShoreTel VoIP telephone system. (If a staff member is off-site, s/he can forward
her/her office phone to a cell phone, Personal Digital Assistant, and/or home phone. Staff did an analysis
of the bundled package and learned that purchasing the items individually came at a higher cost.
Comparatively, staff calculated the cost for removing the extra featured items and purchasing only the
Level 1 software package, found there to be only a slight savings incurred and concluded that the bundled
package provided an additional value by including extra features at a reduced cost. Attachment B includes
a breakdown of the ShoreTel bundle pricing.
References agree that working with ZAG Technical Services / 3GC Group to implement their ShoreTel
systems, from design to post-installation, were satisfied with the quality of project management, quality
of the product and level of support offered. Jay Juarez, IT Director for De La Salle High School, said
“project costs were all straightforward, 3GC even found ways to reduce the cost of the project.” In
addition, Eric Simmons, Director, IT Operations from Conceptus, a medical device company, added that
“The project management was good, with no unexpected problems or hidden costs.” Rich Santos IT
Manager for Sweda, a promotional material supplier, commented on having ZAG Technical Services /
3GC Group install their ShoreTel phone system and the quality of their overall experience. “The phone
system is like a George Foreman Grill; you set it and forget it.”
92
As a result of staff’s evaluation of the four qualified submittals and feedback received from references,
staff believes ZAG Technical Services / 3GC Group’s proposal best meets the City’s VoIP Telephone
Agreement needs.
FISCAL IMPACTS:
The table below summarizes budgeted capital costs for the telecommunications project, as well as
ongoing operating costs. These costs are explained in more detail following the table.
Summary of Costs
Capital Project Budget
VoIP System, Installation, and Training Costs 52,660
Firewall (S-P Center) 600
Project Contingency 1,740
Total Capital Budget 55,000
Annual Operating Costs (IT Services Budget)
Telecommunication System Maintenance & Support 2,418
Business Class Internet Connection (S-P Center) 1,200
Total Annual Operating Costs 3,618
VoIP Capital Costs - Initially it was estimated the cost of the project would be approximately $100,000.
However, the project was scaled back at the December 2, 2009 City Council Meeting after Council
decided that network cabling could be done at a later time. Consequently, estimated funding for the
project was expected to be around $50,000, which was to be funded through a transfer from the IT
Equipment Replacement Fund to the CIP Administrative Fund.
All four of the VoIP installation proposals were competitively priced at slightly above $50,000. The
ZAG Technical Services / 3GC Group proposal for the VoIP installation is $52,660. Ongoing annual
maintenance and support costs are to be funded in the IT Services Fund.
VoIP Annual Support and Maintenance - Currently the City pays $4,700 per year for telephone
maintenance support and software service. The ZAG Technical Services / 3GC Group provided the
lowest cost 5-year term annual support and maintenance agreement from the three ShoreTel telephone
providers for the new VoIP system at a cost of approximately $2,418 per year. The service will include
free software updates and upgrades for the ShoreTel telephone system.
Maintenance/Support
Costs
Capture
Technologies
Network Computing
Architects
Packet
Fusion
ZAG Technical
Services/3GC Group
Phone System AltiGen ShoreTel ShoreTel ShoreTel
5 years annual support $ 13,604 $ 18,220 $ 13,050 $ 12,091
Additional Project Costs– Staff recommends incorporating a Virtual Private Network (VPN) over
internet with a DSL connection to establish VoIP connectivity to the Saratoga Prospect Center. As there
is limited use of the facility at the moment, this solution provides basic connectivity to the Internet as well
as trusted access to computing resources in City Hall. This will require a one-time cost of $600 for a
firewall, along with annual costs of $1,200 per year for a DSL connection.
93
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Current telecommunications conditions will remain as is; the City’s telephone system will continue to
have unstable communications and unpredictable failures. If no action is taken, in the event of a major
failure to the system, catastrophic failure may occur, causing the City to be without telecommunications
(including: phone, fax, modem, credit card terminals).
ALTERNATIVE ACTION(S):
Council could direct staff to pursue another alternative than the one recommended; could request
additional information; or could provide other direction to staff.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
A. ShoreTel telephone system features list
B. Breakdown of ShoreTel bundle pricing
C. Budget Resolution
94
Attachment A
Unified Messaging
• Voicemail - ShoreWare® voicemail service requires no additional hardware, consumes no ports, and
storage is limited only by the size of the server hard disk. Notification of voicemail or even a copy
(WAV file) of the voicemail can be sent to the user’s mailbox. This integration supports any SMTP
target, including Exchange 2010.
• "Any-Telephone" access is available with ShoreTel's embedded telephone user interface (TUI), which
can be used to access voice messages stored on ShoreTel's application server and to interface with
ShoreTel's embedded auto-attendant.
• "Visual" access is available through either ShoreTel's ShoreWare Call Manager for the PC or
ShoreWare Mobile Call Manager for mobile devices. Both provide a simple visual display, access to
voicemails stored on ShoreTel's application server, and access to the corporate and Outlook personal
directories.
• Find Me - The Find Me capability helps callers connect with users even when they are not at their
regular extension. Users can easily direct calls to ring first at their extension, then at any two other
phones they assign (including cell phones).
• Call Handling Modes - With a simple click, users can manage incoming calls when they are in a
meeting, working from home or out of town. Users can also customize greetings, forward calls,
specify voicemail pick up, and receive message alerts.
• ShoreWare Personal Call Manager and Outlook Integration - ShoreWare Personal Call Manager helps
streamline business communications, improves communication accuracy, and enhances overall
productivity for every user on the end-to-end ShoreTel Unified Communications (UC) solution. By
leveraging the integrated Personal Call Manager, you can realize better communications and
improved customer service out of the box.
o Find and connect to people fast
o Manage voicemail and contacts through Microsoft® Outlook®
o Access all key features such as voicemail in one window with tabbed contents
o Continue to be effective while away from the desk attending meetings and traveling the
corridors
o Minimize end user training with a single, customizable interface
o See and manage up to 16 calls in the same interface
o Gain easy access to advanced features such as whisper, intercom and others
o Easily transfer or start a conference call
o Faster, more accurate access to contacts
o QuickDialer gives you rapid access to directories or your personal Outlook contacts,
providing a quick way to connect using IM or an email. Reach your party faster, with the
most appropriate communication mode.
o With Outlook integration, you can manage voicemail and contacts with features such as:
Listen, replay, forward and save voicemail right from the inbox
Call contacts right from the Outlook application
Define call handling from a Meeting/Appointment Request
Define routing and answering protocols
o Configure different ways to handle calls or voicemail greetings whether you're "in" or "in a
meeting" or the "out of the office" mode. Direct the system to route calls to you, voicemail or
try to find you by calling your various assigned phone numbers.
95
Attachment A
911 and Emergency Calls
The ShoreTel system is fully compliant with E-911. The system is configurable to provide Caller's
Emergency Service Identification (CESID) specific to a user’s location.
Auto Attendant Capability
The ShoreWare Auto-Attendant service provides 24-hour automated call answering and routing to
improve service and enhance a company’s image for inbound callers. Outgoing prompts can be
customized and linked to the time of day and/or day of week. Individual groups, like technical support
and sales organizations, can have their own menus with unique greetings and options. Like the
ShoreWare Voice Mail service, the ShoreWare Auto-Attendant service also consumes no physical ports
and can be distributed at larger locations to save valuable WAN bandwidth.
Administration, Management, and Reporting
ShoreWare Director is a powerful web-based tool that enables IT organizations to manage all sites, users,
and applications as a single image voice communications network. There are no command-line scripts to
learn, no ponderous reference guides to study. The simple, browser-based, point-and-click interface
makes it easy to add or delete trunks, switches, and users in seconds, eliminating the need for expensive
training or outside consultants. On-line Help quickly guides the administrator through system installation
and configurations using an easy point-and-click interface. ShoreWare Director offers a new paradigm in
voice system administration, eliminating the need for multiple management consoles and enabling a
single IT administrator to easily manage voice communications for the entire network from a single
location anywhere in the enterprise.
• HTTPS based access to administration interface
• Comprehensive diagnostics imbedded including trunk test tool and event/alert notification via email
• Easy database management and backup/recovery
• Intuitive, graphical interface for all administrative tasks
• Comprehensive Call Detail Reports
• Single point software updates – all software and firmware updates and administered and pushed from
the ShoreWare director.
Disaster Recovery
Even though the ShoreTel solution uses a distributed architecture, it functions as a single image system so
there is only one database to backup making disaster recovery or replacement of the ShoreWare server
very easy. Again call processing is handled by the ShoreGear switches so core telephony continues
regardless of server status.
96
Attachment A
97
Attachment B
Breakdown of Bundled ShoreTel package
Description QTY List Price Discount Unit Price Amount
Midsize Business Bundle 1 $17,600 32% $5,632 $11,968
ShoreGear 220T1A 1 $6,495 Included
ShoreGear 50V 1 $2,495 Included
Level 1 – software license 50 $200 Included
Level 2 – software license 25 $80 Included
Level 3 – software license 5 $95 Included
TOTAL $11,968
Pricing of all items if purchased separately
Description QTY List Price Discount Unit Price Amount
ShoreGear 220T1A 1 $6,495 32% $4,417 $4,417
ShoreGear 50V 1 $2,495 32% $1,697 $1,697
Level 1 – software license 50 $200 32% $136 $6,800
Level 2 – software license 25 $80 32% $54 $1,350
Level 3 – software license 5 $95 32% $65 $323
TOTAL $14,587
Pricing of items if purchased separately excluding Level 2 and Level 3 software license
Description QTY List Price Discount Unit Price Amount
ShoreGear 220T1A 1 $6,495 32% $4,417 $4,417
ShoreGear 50V 1 $2,495 32% $1,697 $1,697
Level 1 – software license 50 $200 32% $136 $6,800
TOTAL $12,914
98
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CAPITAL BUDGET FOR FISCAL YEAR 2009/10
TO PROVIDE FUNDING FOR THE VoIP TELECOMMUNICATION PROJECT
WHEREAS, the City Council desires to replace the existing PBX telecommunication system
with a Voice over Internet Protocol (VoIP) system for the main City Hall Buildings, the Joan Pisani
Community Center, the Corporation Yard, the Saratoga Area Senior Coordinating Council Center, and
the Saratoga-Prospect Center; and
WHEREAS, additional financing in the amount of $55,000 is needed for the completion of said
project; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows:
Account Description Account# Amount
To budget appropriations for the Telecommunication System Upgrade Project and transfer funds for this
project from the IT Equipment Replacement Fund to the CIP Administrative Improvement Fund
Telecommunication System Upgrade – Services 414.9421-001.81161 $ 55,000
Telecommunication System Upgrade – Transfer In 414.9421-001.49999 $ 55,000
IT Equipment Replacement Fund – Transfer Out 632.3202.99999 $ 55,000
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 Capital Improvement 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 2nd day of June, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Kathleen King, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
99
Page 1 of 4
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Dave Anderson DIRECTOR:
City Manager
SUBJECT: Side Letter of Agreement between the Saratoga Management Organization and the
City of Saratoga
RECOMMENDED ACTION(S):
Adopt the resolution approving the Side Letter of Agreement between the Saratoga Management
Organization (SMO) and the City of Saratoga suspending members’ car allowance for fiscal year
2010-2011.
REPORT SUMMARY:
At its August 1, 2007 meeting, the City Council approved a new Memorandum of Understanding
(MOU) between the City and SMO.
Recently, in response to financial constraints faced by the City, SMO members voluntarily
agreed to suspend receipt of their car allowance for fiscal year 2010-2011. The attached Side
Letter of Agreement between SMO and the City memorializes the one-year car allowance
suspension.
FISCAL IMPACTS:
Suspension of SMO members’ car allowance for fiscal year 2010-2011 will reduce budget
expenditures by $24,000.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City would incur a charge to the General Fund in the amount of $24,000 for fiscal year 2010-
11 and would need to identify alternative reductions in order to achieve a balanced budget.
ALTERNATIVE ACTION(S):
Choose not to accept the Side Letter of Agreement.
100
Page 2 of 4
FOLLOW UP ACTION(S):
Staff will execute the Side Letter of Agreement and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Resolution to adopt the Side Letter of Agreement between the City and SMO
Side Letter of Agreement between the City and SMO
101
Page 3 of 4
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING A SIDE LETTER OF AGREEMENT
BETWEEN THE SARATOGA MANAGEMENT ORGANIZATION (SMO)
AND THE CITY OF SARATOGA (CITY)
WHEREAS, representatives of the City and SMO have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by SMO; and
WHEREAS, the members of SMO have ratified the MOU and the City Council approved
the MOU on August 1, 2007; and
WHEREAS, the City of Saratoga is experiencing financial constraints such that it has
proposed numerous expenditure reductions for fiscal year 2010-2011, which have been endorsed
by the City Council; and
WHEREAS, in recognition of the financial constraints faced by the City, the members of
SMO have voluntarily agreed to forego receipt of their car allowance, pursuant to Section VII. C.
Car Allowance of the MOU, for fiscal year 2010-2011; and
WHEREAS, the representatives of the City and SMO have agreed to enter into a Side
Letter of Agreement to the SMO MOU providing for a temporary elimination of SMO members’
car allowance for fiscal year 2010-2011;
WHEREAS, the temporary elimination of SMO members’ car allowance will commence
with the first pay period of fiscal year 2010-2011 (June 26 to July 9, 2010) and will terminate
with the last pay period of fiscal year 2010-2011 (June 25, 2011 to July 8, 2011).
NOW, THEREFORE, BE IT RESOLVED, that the terms and conditions of the Side
Letter of Agreement, Dated the 2nd day of June, 2010, are hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2nd day of June 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Kathleen King, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
102
Page 4 of 4
SIDE L ETTER OF AGREEMENT
Between The
Saratoga Management Organization and the City of Saratoga
TEMPORARY ELIMINATION OF CAR ALLOWANCE
This Side Letter of Agreement is executed by and between the City Council of the City of
Saratoga (“City”) and the Saratoga Management Organization (“SMO”).
As a result of financial constraints that are anticipated by the City of Saratoga for fiscal year 2010
– 2011 (July 1, 2010 to June 30, 2011) and notwithstanding Article VII (C) of the Memorandum
of Understanding dated August 1, 2007 between the City and SMO (hereinafter referred to as
“MOU”), the City and SMO agree that the members of SMO will temporarily forego receipt of
their monthly $400.00 car allowance from the first pay period of fiscal year 2010-2011 (June 26,
2010 to July 9, 2010) through the final pay period of fiscal year 2010-2011 (June 25, 2011 to July
8, 2011).
Signed this day, June 2, 2010
City of Saratoga
___________________________________
Kathleen King, Mayor
Saratoga Management Organization
___________________________________
John Cherbone, SMO President
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Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor DIRECTOR: Richard Taylor
SUBJECT: City Manager Voluntary Benefits Waiver
RECOMMENDED ACTION: Authorize the Mayor to sign a letter agreement documenting the City
Manager’s offer to voluntarily waive certain benefits specified in his employment agreement.
REPORT SUMMARY:
In light of significant revenue shortfalls to the City due to current economic conditions and state fiscal
policies the City Manager and other senior staff have offered to forego certain benefits to which they are
otherwise entitled. Because the City Manager and other senior staff have separate employment
agreements, they are addressed in separate staff reports.
The City Manager has offered to waive the following benefits for the 2010-2011 fiscal year:
• An annual cost of living adjustment in salary;
• An annual salary increase contingent on satisfactory performance;
• A monthly car allowance; and
• The right to sell back accrued leave.
The City Manager made this offer voluntarily and was not asked to do so by any City representative or
member of the City Council. The City Manager’s employment agreement provides him with the option
of treating certain reductions in salary or benefits as a termination entitling him to other rights under the
agreement. The attached letter documents that the City Manager has voluntarily offered the benefits
waiver and that, accordingly, he is not entitled to treat the benefit reduction as a circumstance that would
give him the termination rights specified in the agreement.
FISCAL IMPACTS: City costs will be reduced in the coming fiscal year. This cost savings is reflected
in the proposed budget.
FOLLOW UP ACTION: The mayor and the City Manager will sign the attached letter.
ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council
agenda item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting
in at www.saratoga.ca.us.
ATTACHMENTS: Letter from Mayor to City Manager
104
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Jill Hunter
Kathleen King
Chuck Page
Howard Miller
Vacant
June 2, 2010
Dave Anderson
City Manager
City of Saratoga
c/o Saratoga City Hall
13777 Fruitvale Avenue
Saratoga, California 95070
Re: Voluntary Benefits Waiver
Dear Dave:
I am writing to confirm your offer to waive certain benefits provided to you under the
terms of your employment agreement with the City of Saratoga (attested by the City
Clerk September 20, 2007). That agreement entitles you, among other things, to the
following benefits:
• An annual cost of living adjustment in salary (as set forth in section III.A.1 of the
agreement);
• An annual salary increase contingent on satisfactory performance (as set forth in
section IV.A of the agreement);
• A monthly car allowance (as set forth in section I.F of Attachment A to the
agreement; Attachment A is made a part of the agreement by section III.B of the
agreement); and
• To be paid each January for accrued annual leave in excess of 160 hours (as set
forth in section II.B of Attachment A to the agreement).
In light of significant revenue shortfalls to the City due to current economic conditions
and state fiscal policies you have offered to forego the four benefits described above for
the 2010-2011 fiscal year. You have made this offer voluntarily and have not been asked
to do so by any City representative or member of the City Council.
105
Section III.A.2 of your employment agreement provides you with the option of treating
certain reductions in your salary or benefits by the City Council as a termination entitling
you to certain other rights under the agreement. You have indicated to the City that you
understand and agree that the City’s acceptance of your offer to forego the benefits
described above would not constitute a reduction in salary or benefits for the purposes of
section III.A.2.
The City Council appreciates your committed service to the residents of Saratoga and
stands ready to stand by the terms of the original employment agreement. Your offer to
waive the benefits described above will help resolve a difficult budget situation.
If this letter accurately describes your offer and your understanding of its effect please
sign this letter below.
Sincerely
Kathleen M. King
Mayor
City of Saratoga
Understood and agreed:
_________________________ _______________
Dave Anderson Date
Cc: Richard Taylor, City Attorney
106
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM: _____________
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Landscaping & Lighting Assessment District LLA-1 - Public Hearing,
Approval of Engineer’s Report, and Confirmation of Assessments for FY 10-11
______________________________________________________________________________
RECOMMENDED ACTION(S):
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for FY 10-11.
REPORT SUMMARY:
Attached is the final Resolution, which requires adoption by the Council to complete the renewal
of the Landscaping and Lighting Assessment District LLA-1 for FY 10-11 (Attachment 1).
Once adopted, the Resolution approves the appropriate Engineer’s Report and confirms the
assessments for the upcoming fiscal year. The Council can consider the Resolution only after the
close of the Public Hearing.
FISCAL IMPACTS:
All of the costs associated with the administration and operation of the Landscape & Lighting
Assessment District are recovered via the assessments levied against the benefiting properties.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted and the assessments would not be confirmed. If this
occurs, the Council will need to direct staff accordingly.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The assessment roll will be finalized and transmitted to the County Auditor by August 10 for
placement on the upcoming tax roll.
107
Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Resolution of Intention and Notice of Hearing have been published a locally distributed
newspaper as prescribed by law.
ATTACHMENTS:
1. Resolution Confirming Assessments.
2. Engineer’s Report
108
1
RESOLUTION NO.
A RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 2010-2011
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
WHEREAS, on the 3rd day of March, 2010, said Council adopted its Resolution No. 10-
009, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for
Fiscal Year 2010-2011" for the City of Saratoga Landscaping and Lighting Assessment District
LLA-1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Assessment
Engineer to prepare and file with the Clerk of this City a written report called for under said Act
and by said Resolution No. 10-009; and
WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 10-009, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the
District; and (4) an assessment according to benefits; all of which were done in the form and
manner required by said Act; and
WHEREAS, said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 2nd day of June, 2010, at the hour of 7:00 p.m. of said day in the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for
hearing protests in relation to the levy and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2010-
2011, and directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were duly and regularly published and
posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk,
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
109
2
WHEREAS, persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2. That the City of Saratoga Landscaping and Lighting Assessment District LLA-1
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3. That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5. That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 10-009, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel of land has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
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7. That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8. That said Engineer's Report for Fiscal Year 2010-2011 be, and the same hereby is,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
date thereof.
10. That the order for the levy and collection of assessment for the improvements and
the final adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the day of , 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Kathleen King, Mayor
City of Saratoga
ATTEST:
_________________________________
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Resolution Ordering the Abatement of a Public Nuisance by Removal of
Hazardous Vegetation (Brush)
RECOMMENDED ACTION:
Open public hearing; listen to public testimony; and close public hearing. Adopt resolution
overruling objections and ordering hazardous vegetation abatement (brush).
REPORT SUMMARY:
The focus of this program is the identification of perennial vegetation, brush, trees, and shrubs in
designated high fire hazard areas and removal according to fire department requirements to lower
the threat of wildfire in the hillside areas.
The required posting and publishing for this hearing has been done. Property owners have been
noticed by mail by the Santa Clara County Fire Department to remove brush in accordance with
fire safety standards. Those properties not in compliance are listed in Attachment D. Council is
considering authorizing the Office of the Agricultural Commissioner to enter such properties,
abate the nuisance and place the cost of abatement on a lien against their property. This hearing
is an opportunity for those objecting to the potential charges to come forward and be heard.
The City annually declares hazardous vegetation (brush) a nuisance due to fire danger and enters
into a contract (along with other municipalities) with the Office of the Agricultural
Commissioner to abate the hazardous vegetation (brush) not removed by property owners.
FISCAL IMPACTS:
None to the City. Office of the Agricultural Commissioner covers its costs from administrative
portion of fee charged to property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the Office of the Agricultural Commissioner will not proceed. It would be
necessary to depend upon the property owners to take care of their own abatement.
ALTERNATIVE ACTION:
None.
255
FOLLOW UP ACTION:
Upon adoption, the Office of the Agricultural Commissioner will begin abatement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
A Notice of Public Hearing was published in the Saratoga News as required by law.
ATTACHMENTS:
Attachment A – Resolution
Attachment B – Letter from Santa Clara County Fire Department to property owners
Attachment C – Notification to Public
Attachment D – 2010 Brush Program Commencement Report
Attachment E – Email Communication from citizen Nancy White
256
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the
Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties
from which they are removed if the owners thereof fail to do so; and
WHEREAS, the County Fire Marshall has given Notice to all property owners found in non-
compliance; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a
public hearing this date with respect thereto, at which time all property owners having any objections to
the proposed destruction or removal of such attest:
RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is
declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost
thereof made a lien upon the private properties from which they are removed if the owners thereof fail to
do so, and a hearing was held on June 2, 2010, during which all property owners having any objections to
the proposed destruction or removal of such hazardous vegetation (brush) were heard and given due
consideration; and
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Saratoga, that
hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural Commissioner
and the cost thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular
meeting held on the 2nd day of June 2010, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Kathleen M. King, Mayor
ATTEST:
Ann Sullivan, City Clerk
257
RESOLUTION NO. 10 –
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by
the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private
properties from which they are removed if the owners thereof fail to do so; and
WHEREAS, the County Fire Marshall has given Notice to all property owners found in
non-compliance; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted
a public hearing this date with respect thereto, at which time all property owners having any
objections to the proposed destruction or removal of such attest; and
RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is
declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the
cost thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so, and a hearing was held on June 2, 2010, during which all property owners
having any objections to the proposed destruction or removal of such hazardous vegetation
(brush) were heard and given due consideration; and
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Saratoga,
that hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural
Commissioner and the cost thereof made a lien upon the private properties from which they are
removed if the owners thereof fail to do so.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 2nd day of June 2010, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Kathleen M. King, Mayor
ATTEST:
Ann Sullivan, City Clerk
258
259
260
NOTICE OF HEARING BEFORE THE CITY COUNCIL
Notice is hereby given that the City Clerk of the City of Saratoga, California, has set
Wednesday, the 2nd of June 2010 at 7:00 p.m. in the City Council Chambers at 13777
Fruitvale Avenue, Saratoga, California, as the time and place for a public hearing on:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING THE ABATEMENT OF PUBLIC NUISANCE BY REMOVAL OF
HAZARDOUS VEGETATION (BRUSH).
All interested persons may appear and be heard at the above time and place. If you
challenge the subject projects in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice in written
correspondence delivered to the City Council at, or prior to, the public hearing. In order
to be included in the City Council’s information packet, written communications should
be filed on or before the Thursday before the meeting. A copy of any material provided
to the City Council on the above hearing(s) is on file at the Office of the Saratoga City
Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk,
868-1269.
/s/Ann Sullivan,
City Clerk
PUB: 05/18/10
261
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263
264
Very Much Appreciated!
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: City Clerk [Ann Sullivan]
To: nancy
Sent: Friday, May 21, 2010 8:54 AM
Subject: RE: Code Enforcement -- Weed Abatement -- 30 acre parcel
Dear Nancy –
I will include your email correspondence with the City in the staff report for this item. I
will also send you the link to the City website after I have posted the June 2nd agenda.
Regards,
Ann Sullivan
From: nancy [mailto:nancy@magicmachining.com]
Sent: Friday, May 21, 2010 8:32 AM
To: City Clerk [Ann Sullivan]
Subject: Re: Code Enforcement -- Weed Abatement -- 30 acre parcel
Thank You Ann for the update. Very much appreciated!
I am familiar with the noticing process which both the City & County are required by law to follow in this regard. I
worked for Greenbelt Alliance in my other life. I do not understand why the property was ignored these past years.
However, I can assure you, it's now choked with more vegetation. This is a source of concern for the residents along
Via Regina Road as I understand.
I would like the information & email discussions I've had between Jana, yourself, & I, to be included as part of the
public record and be included in the Councils packets for consideration when this item comes to them on June 2nd:
Contact numbers, email/websites, names of sources for the purpose of grazing the property for weed/fire abatement --
Steven's Creek Volunteer Fire Department willingness to schedule a training exercise to brush fire lines along the
property lines & riparian corridor? -- so it' on hand and I do not have to remake the wheel, so to speak.
Additionally, is it possible to go on line to preview/print out the agenda, prior to June 2? I would like to see what
order the brush abatement program will be in, so I can adjust my schedule & rally the troops. Can you also provide
me with the address of where your City Council meeting is to be held?
Best regards,
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
265
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: City Clerk [Ann Sullivan]
To: Jana Rinaldi ; nancy
Sent: Thursday, May 20, 2010 4:51 PM
Subject: RE: Code Enforcement -- Weed Abatement -- 30 acre parcel
Nancy –
My apologies to you, Nancy. I wasn’t aware that you were waiting to hear from me, as
our Code Compliance Specialist, Jana Rinaldi, conveyed to you via this email that I had
contacted the Santa Clara County Agricultural Department and they confirmed that this
property was on their list for inspection; therefore, alerting you that the County has this
property on their list of properties to be inspected.
The City annually declares hazardous vegetation (brush) a nuisance due to fire danger
and enters into a contract (along with other municipalities) with the Office of the
Agricultural Commissioner to abate the hazardous vegetation (brush) not removed by
property owners by a specific deadline. There are a number of steps that take place
prior to the scheduling of this public hearing regarading this phase of the process, such
as notification to the property owners from the County regarding hazardous conditions
on the property, etc.
You are welcome to attend the June 2, 2010 Council meeting where this item – the
annual Brush Abatement Program Public Hearing, has been agendized for discussion
and action by the Council. The County Agriculture Brush Abatement Program
Coordinator will be present at that meeting to address the Council on this item and
members of the public are welcome and encouraged to speak on any item on the
agenda as well.
I hope this helps clarify some of the steps and alleviates your concerns. I assure you
that both the City and the County work closely with regard to any type of hazardous
vegetation/brush on any property in Saratoga.
I look forward to maybe meeting you at that meeting. The meeting starts at 7PM.
Regards,
Ann Sullivan, CMC
City Clerk
From: Jana Rinaldi
Sent: Thursday, May 20, 2010 12:30 PM
To: 'nancy'
Cc: City Clerk [Ann Sullivan]
Subject: RE: Code Enforcement -- Weed Abatement -- 30 acre parcel
266
Hi Nancy, I will talk with Ann and find out if she has had any feedback from County Fire. Thank you.
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Thursday, May 20, 2010 11:32 AM
To: Jana Rinaldi
Subject: Re: Code Enforcement -- Weed Abatement -- 30 acre parcel
Hi Jana,
Your city clerk has not been in contact with me and I liked to hear from her...Last year, nothing happen after I
notified the City & Santa Clara C. Fire...That's not going to happen again....I'll be bird-dogging this for the follow
through...
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: Jana Rinaldi
To: nancy
Sent: Thursday, May 20, 2010 9:07 AM
Subject: RE: Code Enforcement -- Weed Abatement -- 30 acre parcel
267
Hi Nancy, I have forwarded your email to our City Clerk. Thank you for your time and efforts.
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Thursday, May 20, 2010 8:55 AM
To: Jana Rinaldi
Subject: Re: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi Jana,
This note is to follow up on the phone message I left on your voice mail.
Stevens Creek Volunteer Fire Department. PO Box 2673 Cupertino - 95015 -- www.scvfd.org -- email -
fire@scvfd.org -- they are stationed out of the Cal-Fire station on Stevens Creek Canyon Road, next to the dam. I
spoke with Andrew, can't remember his last name, who schedules trainings for the unit. They're Captain, knew the
location of the property and the Peck's, who sold it.
They are more than willing to come out and hand brushing for fire abatement, along my paddock fence lines....I asked
if they would do a control burn, but got the impression that may not be in their "wheel house"....Andrew seemed very
open to being able to come onto the property for this purpose....I got the impression that this would be a "free-be"
too....so, if the property owner does not respond to the notice and the City, or County needs to step in, this maybe a very
cost-effective solution....
Regards,
Nancy R. White
Owner - Magic Machining Inc
268
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: Jana Rinaldi
To: nancy
Sent: Friday, May 07, 2010 3:29 PM
Subject: RE: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi, please tell Patrick hello from me!
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Friday, May 07, 2010 3:27 PM
To: Jana Rinaldi
Subject: Re: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi Jana!
Score!...I just got a call back from Mike McClintock, Park Supervisor for Alum Rock Park. His direct line is 408
277-3267....They use goats & sheep for weed/fire abatement....They contract out to "Living Systems Land
Management" -- www.LSLM.org.... Contact name is Charlotte Lewis 415 845-6747.
Living Systems Land Management work with agency/private interest, for both short & long term range
management....they will fence the property with portable electric fencing, -- then remove it when the land is grazed
269
down. they will allow for trail users needs, bring a herd with a herder who lives on sight, in a trailer, and us dogs for
herd control & predictor needs...they need a water source for both the animals & herdsman...I believe there is an old
water trough on the north west corner, behind the gate I mentioned...
He said it cost 17K for the 20+ acres Alum Rock Park has grazed...but it's cheaper than a wild land fire...Who
will put up the out of pocket cost if the land owners do not comply, is the key....He also suggested contacting Santa
Clara County Open space Authority. The contact name there is Patrick Congdon...I will follow up on Monday with
him...I worked at Greenbelt Alliance in my other life...this is familiar territory for me...
I will also ask Jan Garrod, if he knows the cost of having the property disks, for a comparison price...I know he could
do this work too...disking would really disrupt the wild life habitat though...and not sure how it would effect the slide
area. I know the property has been disked before...about 10-12 yrs back...but it was mostly in strips, like fire
breaks...along the creek, down the middle, and a couple strips on the west ridge line...like a set back....they didn't disk
up near the property lines on the east side...
Have a fun weekend!
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: Jana Rinaldi
To: nancy
Cc: City Clerk [Ann Sullivan]
Sent: Thursday, May 06, 2010 4:26 PM
Subject: RE: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi Nancy, It was nice talking with you and hearing about Saratoga history! Ann did hear back from County
of Ag and they believe the property is in their jurisdiction. Our contact did say the property has not been
inspected to date, but should take place in the next couple of days. I will keep you posted if I hear
anymore.
Also, let me know what you find out. Thank you.
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
270
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Thursday, May 06, 2010 3:14 PM
To: Jana Rinaldi
Subject: Re: Code Enforement -- Weed Abatement -- 30 acre parcel
Thanks for calling Jana....I take a little drive to where I believe is the entrance to this parcel...check out if there are
any for sale signs, and check out who is listing this....I also have a friend who is a realtor...I ask her to check to BO,
or short sale listings that she is privy too, to see if any thing matching this show up...Like you said,...30 acres, it's
probably 29+, is rare in Saratoga...I find out and keep you in the loop...
Haven't seen anything from Anne Sullivan....send it when you can...
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: Jana Rinaldi
To: nancy
Sent: Thursday, May 06, 2010 2:41 PM
Subject: FW: Code Enforement -- Weed Abatement -- 30 acre parcel
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
271
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: City Clerk [Ann Sullivan]
Sent: Thursday, May 06, 2010 2:40 PM
To: 'Julie Linney (julie.linney@cnt.sccgov.org)'; 'Kumre, Moe'
Cc: Jana Rinaldi
Subject: FW: Code Enforement -- Weed Abatement -- 30 acre parcel
Hello Julie – Moe:
Please note the message towards the bottom of this chain of emails and let me know if
the County or County Ag is aware of this property and if the property owner/s have been
notified.
We have a Brush Abatement Program Public Hearing scheduled for Wednesday, June
2nd.
Thanks.
Ann Sullivan
City Clerk
From: Jana Rinaldi
Sent: Thursday, May 06, 2010 1:56 PM
To: City Clerk [Ann Sullivan]
Subject: FW: Code Enforement -- Weed Abatement -- 30 acre parcel
Please see below.
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
272
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Thursday, May 06, 2010 1:40 PM
To: Jana Rinaldi
Subject: Re: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi Jana,
It's undeveloped land...as far as I know, there is not a street address...the fire department was able to located it on
their maps...the development never happened...it's all part of the public record & on a parcel map...the planning
department has it...Please do the leg work on the address/parcel number, it right there in your office...it maybe listed
on Mount Eden road...
I'm working on getting contacts for grazing herds, as a low impact solution for the weed/fire abatement issue...I have
calls into the president of the farm bureau, Alum Rock park who uses sheep & goats for this purpose...
Let's share...
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
----- Original Message -----
From: Jana Rinaldi
To: nancy
Cc: City Clerk [Ann Sullivan]
Sent: Thursday, May 06, 2010 1:13 PM
Subject: RE: Code Enforement -- Weed Abatement -- 30 acre parcel
Hi Nancy, the first thing I need is the address – after I get the address I will follow up with the Fire District.
The Fire District is contracted for the weed abatement. Thank you.
Jana Rinaldi
Jana Rinaldi, Code Compliance Specialist
273
City of Saratoga
13777 Fruitvale Avenue, Saratoga
jrinaldi@saratoga.ca.us
408.868.1214
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you
are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received
this e-mail message in error, please e-mail the sender at jrinaldi@saratoga.ca.us or telephone (408) 868-1214.
Please consider the environment before printing this e-mail or attachments.
From: nancy [mailto:nancy@magicmachining.com]
Sent: Thursday, May 06, 2010 11:41 AM
To: Jana Rinaldi
Cc: Debbie Bretschneider
Subject: Code Enforement -- Weed Abatement -- 30 acre parcel
Hello Jana,
I'm sending you a follow up email, to the voice mail I left today.
I board horses on Via Regina Road....there is a 30 acre parcel, the old Peck property, sandwiched between the
following roads: Via Regina, Vista Regina, Mt. Eden, and the below the entrance to the Cacardi Estates
neighborhood. This property was once aggie...fruit orchards, & hay fields...I'm 56 & grew up in this area...It also
has a seasonal creek which flows into Calabasas creek, & riparian corridor, which splits the property, roughly in half,
which is clogged with tree debris...bay laurel, eucalyptus, oak....
This property, from my understanding, was to be developed with roughly with 7 -9, executive home on the west side,
below the ridge line, with a trail & designated private open space, on the east portion...the east portion of the property
has been deemed a active slide area, which prevented the developer from locating housing...I've followed this project at
it's beginning phases...
Right now, over 9 years, nothing has happen as far as the development is concern....However, the property has been
neglected and is a fire hazard...My son, who works for Cal-fire, said it's a tinder box, with plenty of fuel to set it
off...I contacted Santa Clara County Fire department last year...nothing was done...
This year, I'd like an official notice sent to the property owner on record by the City of Saratoga, to disk the vegetation
under , deal with the creek, and clear the weeds that are encroaching onto the neighboring fence lines. The mustard &
thistles are easily 8 feet tall along the fence line where I'm located...
I know, the property owner can be noticed and asked to comply...if not, the City has the authority to contract out the
work, bill, or put a lien on the property as a last resort...Even, contracting with some one who can grave goats, sheep,
or cattle on the property would get this situation under control....Worst case scenario...a catastrophic wild land fire, like
274
Oakland Hills, that funnels up into the surrounding properties & homes...the pending finger pointing...charges of
whose lack of fore-sight & responsibility it was...here come the law suits...
Please give me a call...so we can come up with a solution this issue....
Nancy R. White
Owner - Magic Machining Inc
1120 West Evelyn Ave, Units B & C
Sunnyvale, CA 94086
Phone: 408 730-5330
Fax: 408 730-5334
nancy@magicmachining.com
275
SARATOGA CITY COUNCIL
MEETING DATE: June 2, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Initiation of Annexation of an approximately 2.68 (gross) acres parcel
(APN 503-80-004) located at 22480 Mount Eden Road. Subsequent annexation proceedings will
consider a pre-annexation agreement, lot merger, Williamson Act agreement, zoning amendment
(AP-OS overlay), and a use permit with variation from standards for the owner’s adjacent 35 acre
parcel.
RECOMMENDED ACTION:
Staff recommends the City Council approve the attached Resolution thereby initiating annexation
proceedings for 22480 Mount Eden Road.
REPORT SUMMARY:
The applicant, GP Farms (c/o Jack Bauer, property manager) has filed an application with the
City of Saratoga for annexation approval. The parcel is located in Santa Clara County and is
approximately 2.68 gross (1.55 net) acres. The property (hereinafter referred to as ‘the annexation
parcel’) is contiguous with the western limits of the City of Saratoga and is within the City’s
Sphere of Influence and Urban Service Boundary.
The applicant owns an adjacent parcel of land approximately 35 acres in size that is within the
City of Saratoga. (See attachment 3.) The annexation is being proposed to facilitate
comprehensive planning for the two parcels together. Prior to the City’s final action on the
annexation the applicant has proposed that the City consider a series of proposed actions related
to the two parcels. These actions would include a preannexation agreement, a merger of the two
parcels, adoption of an Agricultural Preserve/Open Space Zoning Overlay, and approval of a
Williamson Act contract for agricultural land preservation, a conditional use permit and variation
from standards for the merged parcels, and design review for a remodel of the existing home on
the 35 acre parcel. These applications would be considered by the Planning Commission prior to
the City Council’s final consideration of the annexation proposal.
The remainder of this report provides background information on the annexation parcel and the
parcel already within City limits and then describes the various actions that would be considered
during the annexation review process.
DISCUSSION:
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Annexation Parcel
The 2.68 acre annexation parcel is currently developed with a driveway and a sand equestrian
arena which is surrounded by an approximately five foot (5’) high open wood fence. The parcel
has public water (San Jose Water) and sanitary sewer service (Cupertino Sanitary District). The
annexation parcel is not directly adjacent to Mt. Eden Road but is accessed via a private road that
is connected to Mt. Eden Road. The private road is shared among five (5) parcels including the
annexation parcel. No structures are proposed for the 2.68 acre parcel and the applicant would
reduce the development potential of the lot by merging the lot with the adjacent parcel as
described below. Under City of Saratoga standards the development potential of the annexation
parcel if not merged is approximately 6,560 square feet of floor area (based on size of 1.55 acre
net with 24% average slope). If the parcel is not annexed, Santa Clara County development
standards would apply; the applicable County RHS zoning district allows a maximum height of
35-feet and 3-stories, with setbacks of 30 feet in the front, 25 feet in the back, and 20 feet on the
sides.
Adjacent Parcel
The applicant owns a parcel adjacent to the annexation parcel known as “Lindy Farms.” The
adjacent parcel is 35.13 acres and was annexed to the City in 2006. Access to this parcel is from
an easement across the 2.68 annexation parcel and three other County parcels. The parcel
contains a residence, accessory structures, and community stable facilities that existed at the time
it was annexed to the City. The main structures include the 5,330 square foot two-story single-
family residence with basement, 1,121 square foot detached four-car garage, and 895 square foot
detached pool house. The community stable structures include a 13,068 square foot Stable, 791
square foot Workshop, 4,150 square foot Hay Barn, 3,308 square foot Utility Barn, and a 1,492
square foot apartment above the utility barn. The total existing floor area including all living
spaces, accessory structures, and community facility structures (enclosed by three or more walls
and a roof) is 30,155 square feet. (The foregoing square footage calculations reflect the City
Code requirement that any space with an interior height of fifteen feet or greater is double
counted1
. The stable, hay barn, and utility barn all have ceiling heights over 15 feet. The
calculations are summarized in the attached table (attachment 5).) The total existing impervious
area is 103,450 square feet.
The applicant has provided County permits for the existing stable, accessory structures, and
apartment. The applicant has indicated that the existing house was built prior to the need for
County permits. While the existing structures appear to have been built legally in the County
(either with permits or prior to the need for permits), the total floor area and site coverage
exceeds the maximum allowed for new development in the City of Saratoga.
Trail Easement
A dedicated trail easement through both the annexation parcel and the adjacent 35.13 acre parcel
was recorded in the Santa Clara County Recorder’s Office on July 16, 2007 (Attachment 4).
Pre-Annexation Agreement
1 City Code Section 15-45.030
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Because of the various actions contemplated in connection with the annexation, staff and the
applicant believe that pre-annexation agreement will be valuable to facilitate rational
comprehensive planning and foster predictability, certainty, economy and efficiency in future
land use planning. The pre-annexation agreement will include requirements for the proposed
annexation, lot merger, overlay zoning, Williamson Act contract, conditional use permit and
variation from standards, and design review/building permit.
Parcel Merger
The applicant proposes to merge the annexation parcel with the Lindy Farms parcel. The merger
will make the two lots into a single lot. This will extinguish the development potential of the
annexation parcel for a separate single family home. The merger would take effect upon
completion of the annexation.
Williamson Act Contract
The applicant would also include the entire merged property under a Williamson Act contract.
This would require rescinding the existing Williamson Act city contract on the 35.13 acre parcel
and simultaneously re-entering a Williamson Act contract for the entire merged property. The
Williamson Act contract would include the stables and all other existing uses. The Williamson
Act contract would be considered by the Council as part of the final annexation.
Agricultural Preserve/Open Space Overlay (AP-OS)
The entire merged property would be made subject to the Agricultural Preserve/Open Space
Overlay zoning. The AP-OS overlay promotes agricultural uses and is necessary to satisfy legal
requirements for land on which Williamson Act contracts are executed and renewed. The overlay
zone thereby encourages and preserves such contracts in accordance with the policies set forth in
the General Plan. Accordingly, staff will process a Zoning Map amendment application to be
made by the applicant for Planning Commission and Council consideration with the annexation
approval.
Conditional Uses and Variation from Standards
City Code Section 15-13.040 allows community stables and associated accessory structures in
the Hillside Residential zoning district with a Conditional Use Permit. City Code Section 15-
55.030 allows a variation from site area standards for conditional uses. Under this provision,
policy has been to include floor area in the site area variation. As part of the annexation process
the applicant is requesting a conditional use permit and variation from standards in order to bring
the uses on the site into conformity with City requirements. This will be considered by the
Planning Commission as part of its review of the annexation and any Planning Commission
action will be contingent on the City Council’s final approval of the annexation.
The applicant intends to remodel the existing 5,330 square foot home as shown on the attached
plans (Attachment 6). The applicant would add 3,236 square feet of floor area to the first story
(including those areas that are double counted due to ceiling height) and reduce the second story
by 379 square feet. The new home would be 7,207 square feet with a new 1,682 square foot
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basement that is excluded from the floor area maximum allowance (which is 8,000 square feet in
the HR zoning district). No changes are proposed for the garage or any of the other structures on
the property. The remodel would require design review approval by the Planning Commission.
Annexation Procedures
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides
that cities in Santa Clara County may proceed independently of LAFCO in processing annexation
applications within the City’s Urban Service Area (Government Code Section 56757). Where, as
here, an annexation applies only to land owned by the person requesting annexation, the City is
allowed to initiate annexation proceedings without a formal public hearing. The Act requires that
cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a
three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which
may b e waived by the City Council; and (3) Approval of Annexation. Furthermore, the City
Council is required to make findings pursuant to Government Code Section 56757 prior to
adopting the resolution approving the annexation. After the resolution is adopted, a certified
copy of the resolution and paperwork is submitted to LAFCO.
The Act and other state laws require the preparation of a number of documents as part of the
annexation process. These documents fall into three categories: a service plan, LAFCO
materials, and the California Environmental Quality Act (CEQA) materials. These are described
below:
Service Plan
All annexations are to begin with a proposed service plan for the area to be annexed. This plan
includes a description of the parcel to be annexed; the reasons for the proposal; and a listing and
description including the level, range, any change to, and financing of services to be provided to
the annexed parcel (see attachment 2). The service plan should also include an indication of any
improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that
the City would impose or require on the annexed lands. No inhabited territory will be annexed as
part of this proposal and all services will be consistent with the current conditions.
LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO are
required to make the findings listed below before approving an annexation. The formal findings
need not be made until the end of the process. Each finding is followed by a brief description of
Staff’s review.
• That the unincorporated territory is within the urban service area of the city as adopted by
Commission. Staff had confirmed that the property to be annexed is within the City’s Urban
Service Area.
• That the County Surveyor has determined the boundaries of the proposal to be definite and
certain, and in compliance with LAFCO’s road annexation policies. The City will be
providing a map prepared by the applicant to the County Surveyor once initiation of
annexation has been approved by the City Council.
279
• That the proposal does not split lines of assessment or ownership. Staff has determined that
the property to be annexed does not split lines of assessment or ownership.
• That the proposal does not create islands or areas in which it would be difficult to provide
municipal services. Staff has reviewed the geography of the proposed annexation and
concluded that it would not create an island or present difficulties in providing municipal
services since the majority of the services will remain unchanged.
• That the proposal is consistent with the adopted General Plan of the City. The land use
designation for the annexation parcel is RHC (Residential Hillside Conservation). The land
has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan
Designation and the surrounding zoning. The General Plan provides that lands in the
hillsides should be considered for annexation if they meet the following Policy:
Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing
city limits, within the Sphere of Influence, and it is determined by the city that public services
can be provided without unreasonable cost to the City and dilution of services to existing
residents. As discussed throughout this document, the annexation parcel is contiguous to the
existing city limits, is within the Sphere of Influence, and has existing public services that
would not unreasonably change the cost to the City or dilute services to existing residents.
California Environmental Quality Act
Annexations such as this one are categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code
§15319). The Category 19 Exemption includes annexations of individual small parcels of the
minimum size for facilities exempted by Section 15303 which exempts up to three single-family
residences. CEQA applies only to projects which have the potential of causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject to
CEQA. This annexation would not have the potential to cause a significant effect on the
environment because the area contains existing public utilities.
FISCAL IMPACTS:
No impact. The applicant is responsible for all City review fees and LAFCO processing fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Future development of the annexation parcel would be subject to requirements of Santa Clara
County in lieu of City of Saratoga development standards.
ALTERNATIVE ACTION:
Deny the proposed resolution initiating annexation and provide Staff with direction.
FOLLOW UP ACTION:
280
At the direction of Council, Staff will proceed with the annexation approval procedure. The
proposal for the addition, conditional use permit, and variation from standards will require
Planning Commission review and approval. The zoning amendment, Williamson Act, Pre-
Annexation Agreement, and final annexation approval will require final approval by the City
Council at a future meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing
is not required.
ATTACHMENTS:
1. Resolution approving Initiation of the Annexation
2. List of Services Report
3. Proposed Lot Merger and Annexation Map
4. Trail Easement Map
5. Floor Area and Lot Coverage Table
6. Proposed Plans for addition to existing home (separate attachment)
281
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA INITIATING ANNEXATION
OF A PROPERTY LOCATED AT
22480 MT. EDEN RD.
WHEREAS, the City Council is considering the annexation of an approximately
2.68 acre property, hereinafter referred to as ‘the territory’, APN 503-80-004, contiguous
to the City of Saratoga; and
WHEREAS, as provided in Government Code Section 56757, the City Council
of the City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed at 22480 Mt. Eden Rd. is in the City of
Saratoga’s Urban Service Area and Sphere of Influence and is prezoned as Hillside
Residential [HR]; and
WHEREAS, the territory is considered uninhabited for the purposes of
annexation proceedings and there is one hundred percent (100%) owner consent for the
annexation proceedings, no notice, public hearing or election will be required for
annexation approval by the City; and
WHEREAS, the annexation will be evaluated concurrently with consideration of
a pre-annexation agreement, lot merger, Williamson Act agreement, zoning amendment
(AP-OS overlay), and a proposed use permit and variation from standards for the owner’s
adjacent 35 acre parcel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby initiates annexation proceedings and will consider annexation of the
territory to the City known as Assessor’s Parcel Number 503-09-004 located at 22480
Mt. Eden Rd. at a meeting to be scheduled to approve the annexation.
The above Resolution was passed and adopted at a regular meeting of the City Council of
the City of Saratoga held on the 2nd day of June 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Kathleen King, Mayor
ATTEST:
____________________________ ____________
Ann Sullivan, City Clerk Date
282
Application #ANX09-0002 – South Thunder, LLC: 22480 Mt. Eden Road
List of Services Report
Districts
Saratoga Union Elementary School NO CHANGE TO DISTRICTS
Los Gatos Union High School
West Valley Community College
Saratoga Madronia Cemetery
Guadalupe –Coyote Resource Conservation
Bay Area Air Quality Management
Mid-Peninsula Regional Open Space
Cupertino Sanitary
Santa Clara Valley County Water
Santa Clara County Zone NC-1 County Water
Santa Clara County Importation Water-Miscellaneous
Central Fire Protection
Area No. 01 Library Benefit Assessment County Service
Area No. 01 Library Services County Services
Santa Clara County Vector Control
San Jose Water
Services
Street Sweeping
Santa Clara County provides no regular street sweeping. NO CHANGE
The City of Saratoga has a contract with Recology Southbay
(Los Altos Garbage) to sweep residential streets once a month.
Law Enforcement
The City of Saratoga has a contract with the Santa Clara INCREASE IN SERVICE
County Sheriffs Department that provides two patrol cars
to the City. The County has only one car for this area and
it also has to respond to the Los Gatos Mountains.
Santa Clara Valley Transportation Authority NO CHANGE
283
284
285
FLOOR AREA
Structures Existing Proposed Change Final
House
1st Floor 2,945 2,256 5,201
2nd Floor 2,385 -379 2,006
15' height calculation 0 980 980
Garage 1,121 0 1,121
FAR 6,451 2,857 9,308
Basement 284 1,682 1,966
Stable 8,448 0 8,448
15' height calculation 4,620
FAR 13,068 0 13,068
Hay Barn 2,075 0 2,075
15' height calculation 2,075
FAR 4,150 0 4,150
Utility Barn 2,400 0 2,400
2nd Floor apartment 1,492 0 1,492
15' height calculation 908
FAR 4,800 0 4,800
Pool House 895 0 895
FAR 895 0 895
Work Shop 791 0 791
FAR 791 0 791
TOTAL FAR 30,155 2,857 33,012 0
Impervious Coverage
Structures Existing Proposed Change Final
Driveway (small parcel) 4,832 0 4,832
Driveway (large parcel)34,093 0 34,093
Parking at House 1,248 0 1,248
Parking at Barn 1,710 0 1,710
Rubber Pavers 4,620 0 4,620
Deck at backyard 525 0 525
Deck at house 980 -59 921
Patios and Paths 10,418 -2,569 7,849
Pool 800 0 800
Porch 266 372 638
Buildings
House (1st Floor)2,945 2,256 5,201
House (Garage)1,121 0 1,121
Stable 8,448 0 8,448
Hay Barn 2,075 0 2,075
Utility Barn 2,400 0 2,400
Pool House 895 0 895
Work Shop 791 0 791
Arena roof overhang 23,586 0 23,586
Loafing Sheds:
North Shed 300 0 300
Hay Barn Shed 405 0 405
Upper Shed 372 0 372
Lower Shed 620 0 620
TOTAL IMPERVIOUS COVERAGE 103,450 0 103,450
.0199%
.0628%
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