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HomeMy WebLinkAboutPacket.pdfTable of Contents Agenda 2 Indian Bharatanatyam Dance Performance Staff Report 7 Full Circle Farm Presentation Staff Report 9 City Council Regular Meeting Minutes – September 1, 2010 Staff Report 11 Minutes 12 City Council Regular Meeting Minutes – September 15, 2010 Staff Report 21 Minutes 22 City Council & Saratoga Area Senior Coordinating Council (SASCC) Staff Report 29 Minutes 31 Treasurer’s Report for the Month Ended July 31, 2010 Treasurer’s Report for the Month Ended July 31, 2010 34 Review of Accounts Payable Check Registers Council Check Register 39 09-09-10 Check Register 41 09-16-10 Check Register 46 09-24-10 Check Register 52 Ordinance Adopting Article 7-36 to Prohibit Smoking Outdoors in the City of Saratoga and Making Conforming Amendments to Articles 7-35 and 11-15 CC staff report no smoking 55 CC ordinance no smoking 58 CC ordinance no smoking exhibit A 64 Attachment #2 model no smoking ord 70 Attachment #3 no smoking Fast Facts 92 One Year Extension of Urgency Ordinance for Medical Marijuana Dispensaries MMD Staff Report 95 MMD Attachment 1 99 MMD Attachment 2 103 MMD Attachment 3 107 MMD Attachment 4 111 Formation of an Economic Development Community Advisory Committee Staff Report 115 Consider Legislation to Correct Underfunding of State Property Tax Equity Allocations (TEA) to Saratoga, Monte Sereno, Cupertino, and Los Altos Hills TEA Staff Report 117 1 Wednesday, October 6, 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 September 30, 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 None SPECIAL PRESENTATIONS 1. Indian Bharatanatyam Dance Performance Recommended action: Enjoy the performance of three young artists dancing to Indian Bharatanatyam music. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 2 2. Full Circle Farm Presentation Recommended action: Listen to a short presentation about organic farming given by Rebecca Jepson. 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. 3. City Council Regular Meeting Minutes – September 1, 2010 Recommended action: Approve minutes. 4. City Council Regular Meeting Minutes – September 15, 2010 Recommended action: Approve minutes. 5. City Council & Saratoga Area Senior Coordinating Council (SASCC) Joint Meeting Minutes – September 23, 2010 Recommended action: Approve minutes. 6. Treasurer’s Report for the Month Ended July 31, 2010 Recommended action: Review and accept the Treasurer’s Report for the month ended July 31, 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: September 09, 2010 September 16, 2010 September 24, 2010 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. 8. Ordinance Adopting Article 7-36 to Prohibit Smoking Outdoors in the City of Saratoga and Making Conforming Amendments to Articles 7-35 and 11-15 Recommended action: Conduct a public hearing to consider adopting a new Article 7-36 of the City Code to prohibit smoking in outdoor areas and amending Articles 7-35 and 11-15 to clarify the scope of each of those Articles in relation to the new Article. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. 3 9. One Year Extension of Urgency Ordinance for Medical Marijuana Dispensaries Recommended action: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption and first extension of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending the temporary moratorium on the establishment of MMDs for one year. OLD BUSINESS None NEW BUSINESS 10. Formation of an Economic Development Community Advisory Committee Recommended action: Review report and direct Staff accordingly. 11. Consider Legislation to Correct Underfunding of State Property Tax Equity Allocations (TEA) to Saratoga, Monte Sereno, Cupertino, and Los Altos Hills Recommended action: Authorize the Mayor to appoint a two person City Council ad hoc committee to work with Monte Sereno, Cupertino, and Los Altos Hills in a collaborative effort to support legislation that would put the cities’ TEA property tax allocations on an equal footing with comparable California cities and direct staff to prepare budget amendments authorizing funding to support the legislative effort. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King ABAG Hakone Foundation Executive Committee West Valley Flood Control Zone & Watershed Advisory Committee SCC Cities Association Selection Committee West Valley Mayors and Managers Association Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation Library Joint Powers Association Village AdHoc Susie’s Garden Adhoc Tree Adhoc Councilmember Howard Miller City School Ad-Hoc Council Finance Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc KSAR Santa Clara County Cities Association Board West Valley Solid Waste Joint Powers Authority 4 West Valley Transportation Authority PAC Councilmember Chuck Page City School Ad-Hoc Council Finance Committee Santa Clara Valley Water District Commission Saratoga Ministerial Association West Valley Sanitation District Councilmember Manny Cappello Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc Santa Clara County Emergency Council SASCC Sister City Liaison Village Adhoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, 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 September 30, 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 30th day of September 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 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 6 1 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Indian Bharatanatyam Dance Performance RECOMMENDED ACTION: Enjoy the performance of three young artists dancing to Indian Bharatanatyam music. REPORT SUMMARY: The dance performance will be demonstrated by: Meghna Chakraborty, an 8th grader at Redwood Middle School; Varunika Raja, an 8th grader at Stratford School; and Sharanya Balaji, a 7th grader at Stratford School. All three girls have been learning classical Indian dance called “Bharatanatyam” for more than eight years. Their teacher, Vishal Ramani, has been teaching dance in the Bay Area for more than 30 years. For more information on this form of classical art, please visit www.shrikrupa.org 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 7 2 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: None 8 1 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Full Circle Farm Presentation RECOMMENDED ACTION: Listen to a short presentation about organic farming given by Rebecca Jepson. REPORT SUMMARY: Full Circle Farm is an 11-acre organic, educational farm located in the heart of Silicon Valley. For more information you can visit the Full Circle Farm website at www.fullcirclesunnyvale.org/ 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. 9 2 ATTACHMENTS: None 10 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – September 1, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 1, 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 the September 1, 2010 City Council Regular Meeting. 11 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – Existing Litigation – Government Code Section 54956.9 (a): (1 Case) City of Saratoga v. Sumit Dutta and Jaya Dutta, Santa Clara County Superior Court Case No. 1-10-CV-172734 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t. Code 54957 Title: City Manager MAYOR’S REPORT ON CLOSED SESSION Mayor King announced that Council was unable to address all the items scheduled for Closed Session during the 5:30 to 6:00PM meeting and Closed Session would be continued in the Administrative Conference Room after the conclusion of the 7:00PM Regular Meeting. Mayor King called the Regular City Council meeting to order at 7:00PM and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Fossati, Assistant Planner Rina Shah, Planning Technician REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on August 27, 2010. 12 2 COMMUNICATIONS FROM BOARDS AND COMMISSIONS Joan Gomersall, Chair of the Heritage Preservation Commission (HPC), provided a short synopsis of their Joint meeting with the City Council prior to the Regular meeting. She noted the HPC completed the Heritage Inventory update, reviewed and provided historical value for nine properties, completed the certification of the Local Government Annual Report that is required by the State Office of Historic Preservation, and provided assistance to City staff on the HPC website design. She added the HPC goals for the upcoming year included applying for a Santa Clara County Historical Heritage Commission grant for the Heritage Orchard Sign, pursuing the preservation of the Carlson House, and completing the form to place the Hakone Gardens on the National Register of Historic places. Bob Himel, President of Saratoga Historical Foundation, provided a brief synopsis of the Foundation’s accomplishments for the current year and plans for the upcoming year. He noted the Foundation is a volunteer organization and is dedicated to preserving and presenting Saratoga’s unique history. He added the Foundation would be holding a fund raiser at Garrod Ranch towards the end of September and invited members of the Council to attend the event. He noted people could visit their website at www.saratogahistory.com for more information. Family memberships are $40 annually and people can apply for memberships on line. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Denise Goldberg thanked the Council for funding the September 11, 2010 Movie in the Park at Wildwood Park. She noted food and music would be available starting at 5:00PM and the movie “National Treasure” would start at 7:30PM. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor Jill Hunter noted the Washington Smithsonian would be displaying exhibits at Hakone Gardens on September 2. In addition, she invited everyone to participate in the Autumn Opera at Hakone on September 10th from 6:30 to 9:30PM. Councilmember Chuck Page announced that the Los Gatos/Saratoga Assistance League would be holding their annual fundraiser at the Saratoga Foothill Club on September 11th. In addition, he noted that Sacred Heart is hosting a carnival on the weekend of September 25 and 26th at Sacred Heart. 13 3 Mayor Kathleen King invited everyone to the Chamber’s annual Art & Wine Festival on September 25 and 26 from 10:00AM to 6:00PM on Big Basin Way. CEREMONIAL ITEMS 1. COMMENDATION HONORING ANURADHA SRIDHAR STAFF RECOMMENDATION: Read and present commendation. Mayor King read and presented the commendation to musician Anuradha Sridhar, who was joined on stage by members of her family and friends. Mia, a student of Ms. Sridhar sang an Indian song. SPECIAL PRESENTATIONS 2. 2010 US CENSUS BUREAU CERTIFICATE OF APPRECIATION STAFF RECOMMENDATION: Listen to a short presentation by Vince Khanna, US Census 2010 Outreach representative and receive Certificate of Appreciation. Vince Khanna, representative of the US Census Bureau, addressed the Council regarding the 2010 Census taking and thanked the City and staff for their help in assisting with the census taking. He presented the Council with a Certificate of Appreciation. CONSENT CALENDAR 3. CITY COUNCIL STUDY SESSION MINUTES – JUNE 24, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL STUDY SESSION MINUTES – JUNE 24, 2010. MOTION PASSED 5-0-0. 4. CITY COUNCIL SPECIAL MEETING MINUTES – JULY 19, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL SPECIAL MEETING MINUTES – JULY 19, 2010. MOTION PASSED 5-0-0. 5. CITY COUNCIL SPECIAL MEETING MINUTES – JULY 21, 2010 STAFF RECOMMENDATION: 14 4 Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL SPECIAL MEETING MINUTES – JULY 21, 2010. MOTION PASSED 5-0-0. 6. CITY COUNCIL MEETING MINUTES – JULY 21, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MEETING MINUTES – JULY 21, 2010. MOTION PASSED 5-0-0. 7. REFUNDING THE 2001 GENERAL OBLIGATION BONDS STAFF RECOMMENDATION: Review report and direct staff to issue Request for Qualifications or Request for Proposals (RFQ/RFP) for refunding the 2001 General Obligation (GO) Bonds. PAGE/MILLER MOVED TO DIRECT STAFF TO ISSUE REQUEST FOR QUALIFICATIONS OR REQUEST FOR PROPOSALS (RFQ/RFP) FOR REFUNDING THE 2001 GENERAL OBLIGATION (GO) BONDS. MOTION PASSED 5-0-0. 8. APPROPRIATION OF MATCHING FUNDS FOR GRANT FUNDED PROJECTS STAFF RECOMMENDATION: Approve Budget Resolution for Grant Funded Projects. RESOLUTION NO: 10-050 PAGE/MILLER MOVED TO APPROVE BUDGET RESOLUTION FOR GRANT FUNDED PROJECTS. MOTION PASSED 5-0-0. 9. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt resolution amending Resolution 10-045 appointing Council representatives to Committees, Agencies and Adhoc Committees. RESOLUTION NO: 10-051 PAGE/MILLER MOVED TO ADOPT RESOLUTION AMENDING RESOLUTION 10-045 APPOINTING COUNCIL REPRESENTATIVES TO 15 5 COMMITTEES, AGENCIES AND ADHOC COMMITTEES. MOTION PASSED 5-0-0. 10. PARKER RANCH UPPER TANK TRAIL EASEMENT RELOCATION ON TWO PROPERTIES STAFF RECOMMENDATION: Saratoga Country Club: 1. Accept Offer of Dedication for a Pedestrian and Equestrian Trail Easement on Saratoga Country Club property located at 21990 Prospect Road (APN 366-29-007). 2. Adopt Resolution Accepting Offer of Dedication and Abandonment of the Existing Trail Easement on the same property. Parker Ranch Open Space: 3. Accept Offer of Dedication for a Pedestrian and Equestrian Trail Easement on the Parker Ranch Open Space (Parcel D of Tract 6528). 4. Adopt Resolution Accepting Offer of Dedication and Abandonment of the Existing Trail Easement on the same property. Councilmember Manny Cappello recused himself from discussing and voting on this item due to a conflict of interest. RESOLUTION NO: 10-052 Saratoga Country Club PAGE/MILLER MOVED TO: 1. ACCEPT OFFER OF DEDICATION FOR A PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT ON SARATOGA COUNTRY CLUB PROPERTY LOCATED AT 21990 PROSPECT ROAD (APN 366-29-007); AND 2. ADOPT RESOLUTION ACCEPTING OFFER OF DEDICATION AND ABANDONMENT OF THE EXISTING TRAIL EASEMENT ON THE SAME PROPERTY. MOTION PASSED 4-0-1 WITH CAPPELLO ABSTAINING. RESOLUTION NO: 10-053 Parker Ranch Open Space PAGE/MILLER MOVED TO: 3. ACCEPT OFFER OF DEDICATION FOR A PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT ON THE PARKER RANCH OPEN SPACE (PARCEL D OF TRACT 6528); AND 4. ADOPT RESOLUTION ACCEPTING OFFER OF DEDICATION AND ABANDONMENT OF THE EXISTING TRAIL EASEMENT ON THE SAME PROPERTY. MOTION PASSED 4-0-1 WITH CAPPELLO ABSTAINING. 11. COOPERATIVE AGREEMENT WITH SCVWD – CALABAZAS CREEK REPAIR AT PADERO COURT STAFF RECOMMENDATION: 16 6 1. Approve the Cooperative Agreement between the City of Saratoga and the Santa Clara Valley Water District for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek at Padero Court and authorize the City Manager to execute the same. 2. Approve attached budget resolution. RESOLUTION NO: 10-054 PAGE/MILLER MOVED TO 1.) APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SANTA CLARA VALLEY WATER DISTRICT FOR STREAM BANK EROSION AND STORM DRAIN OUTFALL REPAIR ALONG CALABAZAS CREEK AT PADERO COURT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND 2.) APPROVE ATTACHED BUDGET RESOLUTION. MOTION PASSED 5-0-0. PUBLIC HEARINGS 12. ZONING ORDINANCE AMENDMENT TO ARTICLE 11-15 TO PROHIBIT SMOKING IN CITY OF SARATOGA PARKS STAFF RECOMMENDATION: Conduct a public hearing considering proposed amendment to adopt Article 11-15 of the City Code to prohibit smoking in City parks. Close the public hearing, introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. Community Development Director John Livingstone presented the staff report. Mayor King opened the Public Hearing and invited public comment. The following people requested to speak on this item: Janet Ghanem, representative of Breathe California, applauded the Council for agendizing this item and spoke in support of the proposed ordinance. She noted Breathe California has funding available for signage and offered to help provide signage funding for this program. Lorna Sumaraga, Health Educator with the Santa Clara County (SCC) Public Health Department, spoke in support of the proposed ordinance. Victoria Bourdon, representative from SCC Public Health Department, spoke in support of the proposed ordinance. Daniel Garcia, a senior at Fremont High School, spoke in support of the proposed ordinance. No one else requested to speak on this item. 17 7 Mayor King closed the public hearing. PAGE/MILLER MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. MOTION PASSED 5-0-0. OLD BUSINESS 13. EXTENSION OF THE CONDITIONAL USE PERMIT (CUP) REIMBURSEMENT INCENTIVE PROGRAM UP TO JUNE 30, 2011 STAFF RECOMMENDATION: Direct staff on one of the following: 1) End the CUP reimbursement incentive program and allow the three approved businesses to be reimbursed if open by June 30, 2011. 2) Extend the reimbursement incentive program to accommodate a fifth business, if open by June 30, 2011. 3) Extend the CUP reimbursement incentive program to allow conditional use permit fees to be refunded for an additional sixth business if open by June 30, 2011. Rina Shah, Planning Technician, presented the staff report. Mayor King invited public comment. No one requested to speak on this item. MILLER/PAGE MOVED TO EXTEND THE CUP REIMBURSEMENT INCENTIVE PROGRAM TO ALLOW CONDITIONAL USE PERMIT FEES TO BE REFUNDED FOR AN ADDITIONAL SIXTH BUSINESS IF OPEN BY JUNE 30, 2011. MOTION PASSED 5-0-0. DIRECTION TO STAFF: Place this item on the Council Retreat Agenda for additional discussion and to the Agenda Planner for Council discussion in May or June 2011. 8:20PM: At this time Councilmember Miller invited a Prospect High School student from the audience up on stage for recognition and confirmation of student’s attendance as required for a government class assignment. NEW BUSINESS 14. PROPOSED CITY PARTICIPATION IN A WEST VALLEY COLLEGE STUDY OF THE CARLSON HOUSE STAFF RECOMMENDATION: Direct staff accordingly Michael Fossati, Assistant Planner, presented the staff report. 18 8 Paul Conrado, Heritage Preservation Commissioner, was present to answer questions asked by Council. He noted the Saratoga Rotary would like to be a participant in the exploratory study concerning the future of the Carlson House. Mayor King invited public comment. No one requested to speak on this item. PAGE/MILLER MOVED TO ALLOCATE UP TO $16K FROM COUNCIL’S DISCRETIONARY FUND TO PARTICIPATE IN AN EXPLORATORY STUDY CONCERNING THE FUTURE OF THE CARLSON HOUSE CONTINGENT ON THE OTHER STAKE HOLDERS COMMITMENT. MOTION PASSED 5-0-0. DIRECTION TO STAFF: Schedule a site visit for the City Council prior to bringing this item back for additional Council discussion. Invite Paul Conrado to join the Council at the site visit. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King – reported: SCC Cities Association Selection Committee – Executive Committee met earlier today. She noted the Committee will be reviewing the VTA License Initiative at the next meeting as well as addressing suicide prevention in Palo Alto. She added they are also accepting nominations for three positions on the board that will be available at the end of 2010. West Valley Mayors and Managers Association – She noted members of the Association were very impressed with the Saratoga restaurants that they visited and dined in this year. Vice Mayor Jill Hunter – reported: Tree Adhoc - She and Councilmember Cappello have been meeting with City Arborist Kate Bear regarding saving Heritage Trees. Councilmember Howard Miller – reported: Council Finance Committee – met earlier this evening and they discussed Item No. 7 on this evening’s agenda – 2001 General Obligation Bonds. Councilmember Chuck Page – reported: West Valley Sanitation District – that he attended the last meeting. He noted at the next meeting they will be discussing the stipend that the Sanitation Commission receives. Councilmember Manny Cappello – reported: Chamber of Commerce – is organizing a forum to discuss Measure Q scheduled on September 29. Santa Clara County Emergency Council – The Emergency Council has been doing a significant amount of emergency preparedness between the cities in the County. Citizens can go to www.alertscc.com for more information on this topic and to sign up for notification of emergencies in the County or in specific cities within the County. 19 9 Councilmember Cappello announced that the family of Susie Nagpal is conducting a 5K and 10K run/walk fundraiser in honor of Susie Nagpal on Saturday, September 18, 2010. The monies raised will be donated to the Bonnie J. Addario Lung Cancer Foundation. Interested participants that sign up before the 10th of September will be given a free t- shirt. CITY COUNCIL ITEMS Councilmember Miller recommended agendizing for discussion CUP funding and business descriptions at the January 2011 City Council Retreat. Mayor King noted she would like to schedule the Full Circle Farms representative for a presentation at a future Council meeting. CITY MANAGER’S REPORT None ADJOURNMENT Mayor King announced there was no additional business for the Regular Meeting and stated Council and City Manager Dave Anderson would be proceeding to the Administrative Conference Room immediately after the Regular meeting to continue with scheduled Closed Session items. There being no additional business, Mayor King asked for a motion to adjourn the Regular Meeting. PAGE/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 9:00PM AND PROCEED TO THE ADMINISTRATIVE CONFERENCE ROOM TO CONTINUE DISCUSSION OF CLOSED SESSION ITEMS. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 20 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – September 15, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 15, 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 the September 15, 2010 City Council Regular Meeting. 21 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 503-24-016] Agency Negotiator: Dave Anderson, City Manager. CONFERENCE - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 389-29-007] Agency Negotiator: Dave Anderson, City Manager. MAYOR’S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information from the Closed Session. The City Council held a Joint Meeting with Assemblymember Jim Beall in the Administrative Conference Room at 6:00 p.m. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and stated this evening’s meeting would be dedicated to the memory of Public Works Director John Cherbone’s mother, who passed away on September 9, 2010. Mayor King asked Jim Beall to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT: Chuck Page ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Iveta Harvancik, Acting Public Works Director John Livingstone, Community Development Director Cynthia McCormick, Assistant Planner REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of September 15, 2010 was properly posted on September 10, 2010. COMMUNICATIONS FROM BOARDS AND COMMISSIONS 22 2 Council met with Assemblymember Jim Beall in a Joint Meeting at 6:00 p.m. prior to the Regular meeting. Mr. Beall provided a short synopsis of his meeting with the City Council. Mr. Beall spoke about the Tax Equity Allocation (TEA) funds, noting that Saratoga is one of only four cities in the State of California that receives less than 7 percent of the property tax collected in the City. He added he is working on a Legislative solution that would help increase the collected property taxes to be equal to all the other cities in the State. Mayor King thanked Assembly member Beall for allthat he has done for the City of Saratoga while he was a member of the Santa Clara County Board of Supervisors and now as the community’s elected Assembly member. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Linda Rodgers, Saratoga resident, and member of the El Camino Hospital Foundation Board, provided the Council with an update on the newly opened El Camino Hospital in Los Gatos. She noted the hospital recently opened the Rehabilitation Center on Dardanelli Lane located near the main hospital. She invited the Council and the public to an open house reception at the Center on Wednesday, September 22, 2010 from 5:30 to 7:30 p.m. Emily Lo addressed the Council regarding the Chamber-sponsored two day Art and Wine Festival on September 25 and 26, 2010 from 10:00 a.m. to 6:00 p.m. and invited everyone to participate in the festivities. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Cappello invited everyone to participate in the “Stride for Susie Nagpal” 5 or 10K walk/run fund raiser event on Sunday, September 19, 2010. The event starts at 8:00 a.m. with a celebration from 10:00 to 11:00 a.m. in downtown Saratoga. All monies raised will go towards cancer research. Councilmember Miller noted that due to a prior commitment he would be leaving early this evening. Vice Mayor Hunter noted the Saratoga Historic Foundation is having their annual fundraiser dinner at the Garrod Ranch on September 19, 2010 at 4:00 p.m. She noted there will be a fantastic silent auction and all proceeds will go to the Historic Museum. CEREMONIAL ITEMS 1. RECOGNITION OF MOVE-IT SARATOGA PARTICIPANTS 23 3 STAFF RECOMMENDATION: Recognize MOVE-IT Saratoga participants and present them with certificates of completion. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. 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: July 15, 2010; July 23, 2010; August 5, 2010; August 13, 2010; August 16, 2010; August 19, 2010; August 31, 2010 and September 1, 2010 MILLER/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JULY 15, 2010; JULY 23, 2010; AUGUST 5, 2010; AUGUST 13, 2010; AUGUST 16, 2010; AUGUST 19, 2010; AUGUST 31, 2010 AND SEPTEMBER 1, 2010. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 3. TREASURER'S REPORT FOR THE MONTH ENDED JUNE 30, 2010 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended June 30, 2010. MILLER/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2010. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 4. ADOPT RESOLUTION AMENDING THE CITY OF SARATOGA’S CONFLICT OF INTEREST CODE. STAFF RECOMMENDATION: Accept report and adopt attached Resolution. RESOLUTION NO. 10-055 MILLER/HUNTER MOVED TO ADOPT RESOLUTION AMENDING THE CITY OF SARATOGA’S CONFLICT OF INTEREST CODE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 5. ADOPT ZONING ORDINANCE AMENDMENT TO ARTICLE 11-15 TO PROHIBIT SMOKING IN CITY OF SARATOGA PARKS STAFF RECOMMENDATION: 24 4 Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Smoking in City of Saratoga Parks. ORDINANCE NO. 280 MILLER/HUNTER MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED TO SMOKING IN CITY OF SARATOGA PARKS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 6. FY 2010 – 2011 CDBG COUNTY/CITY CONTRACT STAFF RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute a $485,874.22 contract with Santa Clara County for the FY 2010-2011 CDBG Program. Mayor King removed this item for clarification. She raised the issue regarding the Carry-Over (Unused Funds) Projects from Prior Years and recommended Council look at this item to see if they should reconsider how they use this funding or find a way to carry the unused funds forward. Cynthia McCormick noted the majority of the unused funds are in the ADA Projects and those funds are expected to be spent by the end of this year. With regard to the two SHARP funds, the County recommended the City transfer these funds to the County. Ms McCormick stated Saratoga residents would continue to have access to these funds and the unincorporated areas in Saratoga would also have access to these funds. She added if Council agreed with the County’s recommendation to transfer the funds to the County, her recommendation would be that Council authorize the City Manager to send a letter to the Santa Clara County Board of Supervisors authorizing the transfer of funds from the two SHARP programs to the County. RESOLUTION NO. 10-056 KING/HUNTER MOVED TO 1) ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $485,874.22 CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2010-2011 CDBG PROGRAM; AND 2) AUTHORIZE THE CITY MANAGER TO SEND A LETTER TO THE SANTA CLARA COUNTY BOARD OF SUPERVISORS OFFERING THE TRANSFER OF FUNDS FROM THE TWO SHARP PROGRAMS (2004 AND 2005) TO THE COUNTY. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 7. RELEASE OF DEFERRED IMPROVEMENT AGREEMENT STAFF RECOMMENDATION: Move to adopt the Resolution of Satisfaction and Release of Deferred Improvement Agreement between the City of Saratoga and Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporated. RESOLUTION NO. 10-057 25 5 KING/HUNTER MOVED TO ADOPT THE RESOLUTION OF SATISFACTION AND RELEASE OF DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF SARATOGA AND DR. GREGORY T. FOX AND SISTERS OF NOTRE DAME DE NAMUR, CALIFORNIA PROVINCE, INCORPORATED. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. 8. PROPOSITION 116 CERTIFICATION STAFF RECOMMENDATION: Move to adopt the Resolution certifying that no additional state funding shall be requested associated with hazardous waste removal as part of construction of the Highway 9 Safety Improvement Project, Phase III. RESOLUTION NO. 10-058 Mayor King removed this item for clarification. KING/MILLER MOVED TO ADOPT THE RESOLUTION CERTIFYING THAT NO ADDITIONAL STATE FUNDING SHALL BE REQUESTED ASSOCIATED WITH HAZARDOUS WASTE REMOVAL AS PART OF CONSTRUCTION OF THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT, PHASE III. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS None At 7:25 p.m. Mayor King invited 10 high school students up on stage to be recognized for their high school classroom assignment. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King – reported: Hakone Foundation Executive Committee – The Smithsonian Institute and Autumn Opera events were a great success. Executive Director Lon Saavedra was present and thanked the Mayor and Council for their support of the Hakone Foundation. He also noted the September Executive Board meeting has been moved to October due to the unavailability of several of the Board members in September. SCC Cities Association Selection Committee – She attended the last meeting and Marty Fenstersheib addressed the group regarding the $6.9 million dollar tobacco grant the County received. This grant can only be used for creating policies and programs to 26 6 reduce the use of tobacco. Each city in the County would be allocated funds from this grant to implement no smoking programs and adopt ordinances restricting the use of tobacco. West Valley Mayors and Managers Association – A representative from Santa Clara County will be attending the next scheduled meeting to speak to the group regarding the $6.9 million anti-tobacco grant the County received and the allocation of funds to cities for implementing no smoking policies in their respective communities. Vice Mayor Jill Hunter – reported: Historical Foundation – Attended the meeting last week and they discussed the annual fundraiser dinner and silent auction scheduled on September 19, 2010 at 4:00 p.m. at the Garrod Ranch. The Foundation Board members are also making plans for the grand opening of their newly landscaped park on October 3, 2010. Councilmember Howard Miller – noted that he would provide committee reports at the next Council meeting. Councilmember Chuck Page – Absent Councilmember Manny Cappello – reported: Chamber of Commerce – Met last week and they discussed new memberships, the Chamber’s financial status, and a possible 2010 Council Candidate Forum to discuss Measure Q. Sister City Liaison – Attended the last meeting and had nothing to report. CITY COUNCIL ITEMS None CITY MANAGER’S REPORT City Manager Dave Anderson noted he will be on vacation from Thursday, September 16th through September 26, 2010 and Barbara Powell will be Acting City Manager during his absence. ADJOURNMENT There being no additional business, Mayor King asked for a motion to adjourn. CAPPELLO/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 7:35PM. MOTION PASSED 3-1-1 WITH COUNCILMEMBERS MILLER AND PAGE ABSENT. [Councilmember Miller left the Dais at 7:30PM.] Respectfully submitted, 27 7 Ann Sullivan, CMC City Clerk 28 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council & Saratoga Area Senior Coordinating Council (SASCC) Joint Meeting Minutes – September 23, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 23, 2010, Joint Meeting with City Council and Saratoga Area Senior Coordinating Council. 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: 29 Attachment A – Minutes from the September 23, 2010 Joint Meeting. 30 MINUTES CITY COUNCIL/SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) JOINT MEETING SEPTEMBER 23, 2010 Mayor King called the Joint meeting with Saratoga Area Senior Coordinating Council to order at 12:00 Noon. ROLL CALL PRESENT: Councilmembers: Manny Cappello, Howard Miller, Chuck Page, Vice Mayor Jill Hunter, and Mayor Kathleen King SASCC Board Members: Dick Angus, Ann Waltonsmith, Marcia Hansen, Ashima Sharkay, Katherine Schwda, Steve Wong, and Susan Huff, SASCC Executive Director ALSO PRESENT: Barbara Powell, Acting City Manager Michael Taylor, Recreation and Facilities Director Ann Sullivan, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 23, 2010 Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 23, 2010, was properly posted on September 16, 2010. ORAL COMMUNICATIONS FROM PUBLIC No one requested to speak at this meeting. COUNCIL DIRECTION TO STAFF None JOINT MEETING AGENDA ITEM: 1. Joint Meeting with Saratoga Area Senior Coordinating Council (SASCC). Recommended Action: Informational only. 31 2 Members of the Saratoga Area Senior Coordinating Council (SASCC) met with the City Council to discuss SASCC’s annual budget and their projected income for the next Fiscal Year. Councilmembers have expressed concerns regarding SASCC’s financial stability. Members of the SASCC Board presented their financial report. They spoke about their efforts to acquire available grants, implement fund raisers, and increase their membership. They added if Council were to give them another matching grant, they would possibly break even next year. They concluded by noting they were doing all they could to increase their revenue numbers. Councilmembers expressed their disappointment that the Grants, Donations, Fees line in the Revenue column of the financial report did not reflect the $30,000 matching grant funds that SASCC received from Council in May 2010. COUNCIL DISCUSSION: Council members noted SASCC is experiencing financial difficulties and must find a way to live on their proceeds as opposed to using the principal from their endowment to sustain their programs. Mayor King: o Concerned that SASCC may end up depleting their endowment in order to make ends meet. o City would have to consider resuming the programs offered by SASCC. Councilmember Cappello: o Would like to see a proposed budget for next year (2011/12) that outlines specific cuts and/or programs on the expense side in order to deliver a balanced budget. o Balance the budget without the assumption of a grant from the City. o Don’t assume income from other grants or businesses. o Look at this endeavor in terms of a “business”. Councilmember Miller: o Agrees with everything Councilmember Cappello noted and recommended SASCC work with projected numbers for each service provided and the necessary steps to reach a balanced budget. o Look at what they are doing that is working for them now and see what they have to do in other areas to break even. Councilmember Page: o Double your efforts to generate more revenue. o Seriously consider programs that you can discontinue. o Outline the services SASCC is going to provide, determine how you will provide those services and how much it will cost, determine the needs of the community, and create a balanced budget based on those concepts. 32 3 Vice Mayor Hunter: o The community is there to provide services for the children in the community. o The community should be there to provide services for their senior citizens. o Noted she appreciates the services SASCC provides to the community. Mayor King noted she would have to leave the Joint Meeting at 1:15 p.m. due to a prior commitment and noted Vice Mayor Hunter would be conducting the remainder of the Joint Meeting. DIRECTION TO SASCC: Revisit the programs offered in the Senior Center and Adult Care Center, create a sustainable program, and provide the Council with a balanced budget for 2011/12 that does not include funding from potential grants, including a challenge grant from the City Council. Council noted they would continue to be supportive of SASCC and if Council agreed to matching grants in the future they would be more definitive on what they expect from SASCC regarding those grant dollars. There being no additional business, Vice Mayor Hunter asked for a motion to adjourn. PAGE/MILLER MOVED TO ADJOURN THE JOINT MEETING AT 1:25PM. MOTION PASSED 4-0-1 WITH MAYOR KING ABSENT AT 1:15PM. Respectfully submitted by: Ann Sullivan, CMC City Clerk 33 SARATOGA CITY COUNCIL MEETING DATE: October 6, 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 July 31, 2010 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended July 31, 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 July 31, 2010, the City had $260,763 in cash deposit at Comerica bank, and $14,719,194 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 July 31, 2010 is $14,979,957 and exceeds the minimum limit required. Unrestricted Cash Comerica Bank260,763$ Deposit with LAIF14,719,194$ Total Unrestricted Cash14,979,957$ Cash Summary 34 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash14,979,957$ Plus: Assets403,735 Less: Liabilities (1,200,713) Ending Fund Balance14,182,979$ Adjusting Cash to Ending Fund Balance 35 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 7/31/10 General Undesignated Unreserved Balance1,411,349 - 347,475 918,235 - 840,589 Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances: Designated for Operations 2,889,077 - - - - 2,889,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 - - - - 632,380 Designated for Environmental 563,182 - - - - 563,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve300,000 - - - - 300,000 Designated for CIP Matching Grant600,000 - - - - 600,000 Designated for Carryforward68,600 - - - - 68,600 Special Revenue Landscape/Lighting Districts440,391 - - 40,481 - 399,910 CDBG Federal Grants(9,621) - - - - (9,621) SHARP Loan210,034 - - - - 210,034 Capital Project Street Projects2,169,661 - 33,270 12,035 - 2,190,895 Park and Trail Projects653,881 - - - - 653,881 Facility Improvement Projects525,256 - 5,290 - - 530,546 Administrative Projects224,773 - - - - 224,773 Tree Fine Fund16,985 - - - - 16,985 CIP Grant Fund - Street Repair(136,390) - - - - (136,390) CIP Grant Fund - Park & Trail(46,013) - - - - (46,013) Gas Tax Fund279,470 - 24,978 - - 304,448 Debt Service Library Bond 892,593 - - 686,828 205,765 Internal Service Fund Liability/Risk Management244,562 - 50,000 3,254 - 291,307 Workers Compensation198,592 - 53,750 1,400 - 250,942 Office Stores Fund26,830 - 7,500 1,423 - 32,907 Information Technology Services 213,940 - 100,000 45,245 - 268,695 Equipment Maintenance54,258 - 50,000 15,677 - 88,581 Building Maintenance202,570 - 181,437 40,207 - 343,799 Equipment Replacement236,229 - 25,000 - - 261,229 Technology Replacement186,686 - 12,500 - - 199,186 Trust/Agency Library Fund351,360 - - - - 351,360 KSAR - Community Access TV109,842 - - - - 109,842 Total City15,056,567 - 891,200 1,764,786 - 14,182,979 36 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 6/30/10 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 7/31/10 Street Projects Traffic Safety168,497 - - - 168,497 Highway 9 Safety Project50,008 - - - 50,008 Annual Street Resurfacing Project529,434 - 33,270 12,035 550,668 Sidewalks Annual Project87,092 - - - 87,092 Saratoga Sunnyvale Road Resurfacing99,011 - - - 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - 90,000 Fourth Street Bridge100,000 - - - 100,000 Quito Road Bridge Replacement Design9,730 - - - 9,730 Quito Road Bridge Construction214,470 - - - 214,470 Village Façade Program978 - - - 978 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair50,000 - - - 50,000 Annual Storm Drain Upgrade53,883 - - - 53,883 Village Trees & Lights at Sidestreets25,336 - - - 25,336 Prospect Road Median51,663 - - - 51,663 City Entrance Sign/Monument23,788 - - - 23,788 Village-Streetscape Impv 549,952 - - - 549,952 Saratoga-Sunnyvale/Gateway Sidewalk4,107 - - - 4,107 Total Street Projects2,169,661 - 33,270 12,035 - 2,190,895 Parks & Trails Hakone Garden Koi Pond15,600 - - - 15,600 EL Quito Park Improvements27,571 - - - 27,571 Historical Park Landscape50,588 - - - 50,588 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 West Valley Soccer Field(8,201) - - - (8,201) Park/Trail Repairs23,762 - - - 23,762 Tank Trail Repair26,731 - - - 26,731 Mid Pen O/S Land Purchase250,000 - - - 250,000 Total Parks & Trails653,881 - - - - 653,881 Facility Improvements Facility Projects88,644 - - - 88,644 Civic Center Improvement19 - - - 19 Theater Improvement71,474 - 5,290 - 76,764 North Campus Improvements3,920 - - - 3,920 HVAC System Upgrade117,949 - - - 117,949 Corp Yard Solar Project93,250 - - - 93,250 Vehicle Structure Solar125,000 - - - 125,000 Library - EXT Improvement15,000 - - - 15,000 McWilliams House Improvement10,000 - - - 10,000 Total Facility Improvements525,256 - 5,290 - - 530,546 Administrative Projects Financial System Upgrade3,534 - - - 3,534 Document Imaging Project85,183 - - - 85,183 CDD Document Imaging Project40,876 - - - 40,876 Telecommunication System55,000 - - - 55,000 IT Emergency Power Back40,180 - - - 40,180 Total Administrative Projects224,773 - - - - 224,773 Tree Fine Fund Tree Fine Fund16,985 - - - 16,985 CIP Fund - Street Repair CIP Grant Fund(136,390) - - - (136,390) CIP Fund - Park & Trail CIP Grant Fund(46,013) - - - (46,013) Gax Fund Gas Tax Fund279,470 - 24,978 - 304,448 Total CIP Funds3,687,624 - 63,538 12,035 - 3,739,123 37 ATTACHMENT C 38 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. 09/09/10 116069 116132 63 1,197,985.09 09/09/10 09/01/10 116068 09/16/10 116133 116204 71 267,408.55 09/16/10 09/09/10 116132 09/24/10 116205 116241 36 412,213.70 09/24/10 09/16/10 116204 AP Date Check No. Issued to Dept.Amount 09/09/10 116073 Facilities 118,029.20 09/09/10 116081 Public Works 80,340.00 09/09/10 116110 Public Safety 708,858.00 09/09/10 116112 Public Works 138,067.63 09/16/10 116155 Public Works 134,062.54 09/16/10 116199 Public Works 28,918.18 09/24/10 116226 Public Safety 354,429.00 DEPT. DIRECTOR: SARATOGA CITY COUNCIL MEETING DATE:October 6, 2010 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: September 9, 2010 September 16, 2010 September 24, 2010 PREPARED BY: Prior Check Register Accounts Payable Accounts Payable Accounts Payable Amount Checks ReleasedDate Starting Check No. Ending Check No. Total ChecksType of Checks Street Resurfacing The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: Fund Purpose CIM Air, Inc CIP - Facility Project HVAC Upgrade Duran & Venables CIP - Streets Project SCC - Office of the Sheriff General Law Enforcement - July & August 2010 O'Grady Paving CIP Streets - Grant Fund Saratoga Ave - Overlay Saratoga Ave - Resurfacing Project WV Sanitation Dept General Clean Water Program SCC - Office of the Sheriff General Law Enforcement - September 2010 G Bortolotto & Co CIP Streets - Grant Fund 39 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 09/09/10 n/a - 09/16/10 n/a - 09/24/10 116148 (4,995.00) The following is a list of cash reduction by fund: Fund #AP 09/09 AP 09/16 AP 09/24 Total 111 General 808,806.41 91,000.25 373,261.63 1,273,068.29 241 Arroyo de Saratoga Landscape 85.00 85.00 242 Bonnet Way Landscape 135.00 135.00 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 150.00 245 Fredericksburg Landscape 132.00 132.00 246 Greenbriar Landscape 406.00 376.75 175.00 957.75 247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 85.00 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 180.00 180.00 252 Prides Crossing Landscape 448.00 1,255.00 1,703.00 253 Saratoga Legends Landscape 158.00 164.21 322.21 254 Sunland Park Landscape 203.00 2,280.00 2,483.00 255 Tricia Woods Landscape 45.00 45.00 271 Beauchamps Landscape 85.00 85.00 272 Bellgrove Landscape 1,598.00 49.94 2,400.00 4,047.94 273 Gateway Landscape 203.00 203.00 274 Horseshoe Landscape/Lighting 640.00 640.00 275 Quito Lighting 165.00 165.00 276 Tollgate LLD 90.00 90.00 277 Village Commercial Landscape 2,648.00 2,648.00 411 CIP Street Projects 103,016.43 9,033.96 7,344.66 119,395.05 413 CIP Facility Projects 130,995.78 1,874.51 7,565.13 140,435.42 414 CIP Admin Projects 354.12 354.12 431 Grant Fund - CIP Streets 139,067.63 138,565.53 3,285.75 280,918.91 432 Grant Fund - Parks & Trails 1,000.00 1,000.00 611 Liability/Risk Mgt 8,632.02 200.00 8,832.02 612 Workers' Comp 136.34 926.61 141.99 1,204.94 621 Office Stores Fund 1,413.00 76.24 1,700.90 3,190.14 622 Information Technology 7,657.06 6,452.67 14,109.73 623 Vehicle & Equipment Maint 3,507.51 3,686.51 7,194.02 624 Building Maintenance 2,979.99 2,965.11 4,890.39 10,835.49 632 144.85 2,161.46 2,306.31 1,197,985.09 267,408.55 412,213.70 1,877,607.34 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 Issued to Description TOTAL Columbia Electric Void - Reissue Fund Description IT Equipment Replacement 40 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 2 : 2 8 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 0 6 9 0 9 / 0 9 / 1 0 5 0 0 A J I T M E D H E K A R & G E E T A D E 1 1 1 R E F U N D - R E V I E W F E E 0 . 0 0 3 , 5 5 0 . 0 0 11 1 1 1 1 1 6 0 7 0 0 9 / 0 9 / 1 0 2 0 3 A R T N F U N S T U D I O 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 1 1 7 . 0 0 11 1 1 1 1 1 6 0 7 1 0 9 / 0 9 / 1 0 5 0 0 B I G B A S I N V I N E Y A R D S 1 1 1 1 1 0 1 R E F U N D - P E R M I T F E E S 0 . 0 0 3 , 4 0 0 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 H O R S E S H O E D R 0 7 / 1 0 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 7 5 3 0 2 N E W S R A C K M A I N T 8 / 1 0 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 7 5 3 0 2 N E W S R A C K M A I N T 0 7 / 1 0 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 H O R S E S H O E D R 0 8 / 1 0 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 F O O T H I L L P A R K 0 8 / 1 0 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 4 3 5 3 0 2 C A R N E L I A N G L E N 0 8 / 1 0 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 V I L L A G E T R A S H 0 8 / 1 0 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 6 0 7 2 0 9 / 0 9 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 C S P R I N G S P K 0 8 / 1 0 0 . 0 0 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 7 2 3 . 0 0 11 1 1 1 1 1 6 0 7 3 0 9 / 0 9 / 1 0 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 R E P A I R S - A C # 5 0 . 0 0 1 , 0 1 3 . 1 0 11 1 1 1 1 1 6 0 7 3 0 9 / 0 9 / 1 0 1 7 9 C I M A I R , I N C 4 1 3 9 3 1 3 - 0 0 1 H V A C # 6 A B A T E M E N T 0 . 0 0 1 , 4 1 0 . 1 0 11 1 1 1 1 1 6 0 7 3 0 9 / 0 9 / 1 0 1 7 9 C I M A I R , I N C 4 1 3 9 3 1 3 - 0 0 1 9 H V A C R E P L A C E M E N T S 0 . 0 0 1 1 5 , 6 0 6 . 0 0 TO T A L C H E C K 0 . 0 0 1 1 8 , 0 2 9 . 2 0 11 1 1 1 1 1 6 0 7 4 0 9 / 0 9 / 1 0 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 M T H L Y S V C 0 8 / 1 0 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 6 0 7 5 0 9 / 0 9 / 1 0 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 2 , 9 8 7 . 4 8 11 1 1 1 1 1 6 0 7 6 0 9 / 0 9 / 1 0 7 3 2 C O M M E R I C A L G U T T E R , I N C 4 1 3 9 3 3 4 - 0 0 2 P O R T A B L E - P R E S C H O O L 0 . 0 0 2 , 4 6 0 . 0 0 11 1 1 1 1 1 6 0 7 6 0 9 / 0 9 / 1 0 7 3 2 C O M M E R I C A L G U T T E R , I N C 4 1 3 9 3 3 3 - 0 0 4 P O R T A B L E - S R C T R 0 . 0 0 1 , 0 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 5 1 0 . 0 0 11 1 1 1 1 1 6 0 7 7 0 9 / 0 9 / 1 0 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O S V C 1 0 - 0 0 1 1 0 . 0 0 1 , 4 9 5 . 0 0 11 1 1 1 1 1 6 0 7 7 0 9 / 0 9 / 1 0 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O S V C 0 9 - 0 0 0 7 0 . 0 0 3 7 1 . 2 5 TO T A L C H E C K 0 . 0 0 1 , 8 6 6 . 2 5 11 1 1 1 1 1 6 0 7 8 0 9 / 0 9 / 1 0 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R - 0 8 / 2 1 - 0 9 / 2 0 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 6 0 7 9 0 9 / 0 9 / 1 0 5 5 2 D E P A R T M E N T O F J U S T I C E 1 1 1 2 3 0 1 F I N G E R P R I N T S V C 0 . 0 0 3 2 . 0 0 11 1 1 1 1 1 6 0 7 9 0 9 / 0 9 / 1 0 5 5 2 D E P A R T M E N T O F J U S T I C E 1 1 1 6 1 0 1 F I N G E R P R I N T S V C 0 . 0 0 3 2 . 0 0 TO T A L C H E C K 0 . 0 0 6 4 . 0 0 11 1 1 1 1 1 6 0 8 0 0 9 / 0 9 / 1 0 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 8 / 1 0 P R K I N G ( 2 2 ) 0 . 0 0 2 0 9 . 0 0 11 1 1 1 1 1 6 0 8 1 0 9 / 0 9 / 1 0 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 1 1 - 0 0 1 S H O U L D E R W K - N O R T O N R D 0 . 0 0 2 4 , 4 9 0 . 0 0 11 1 1 1 1 1 6 0 8 1 0 9 / 0 9 / 1 0 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 1 1 - 0 0 1 R E P A I R S - P R O S P E C T R D 0 . 0 0 3 0 , 0 0 0 . 0 0 11 1 1 1 1 1 6 0 8 1 0 9 / 0 9 / 1 0 3 5 5 D U R A N & V E N A B L E S , I N C . 4 1 1 9 1 1 1 - 0 0 1 S H O U L D E R W K - O A K S T 0 . 0 0 2 5 , 8 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 0 , 3 4 0 . 0 0 11 1 1 1 1 1 6 0 8 2 0 9 / 0 9 / 1 0 8 9 9 F A S T T R A C K S T E E L 1 1 1 5 3 0 1 G R I L L R E P A I R - E L Q U I T O 0 . 0 0 3 7 5 . 0 0 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 1 1 0 1 P R O F S V C - C I R C E L E M E N T 0 . 0 0 1 , 0 7 1 . 6 9 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 4 1 1 9 1 1 1 - 0 0 1 P R O F S V C - H E R R I M A N 0 . 0 0 1 , 2 1 0 . 4 8 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 4 1 3 9 3 5 1 - 0 0 1 P R O F S V C - P R O S P C T C T R 0 . 0 0 3 , 2 8 0 . 3 2 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 4 1 1 9 1 1 1 - 0 0 1 P R O F S V C - H E R R I M A N 0 . 0 0 5 8 7 . 5 9 41 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 2 : 2 8 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 4 1 3 9 3 5 1 - 0 0 1 P R O F S V C - P R O S P C T C T R 0 . 0 0 1 , 0 2 4 . 9 4 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 P R O F S V C 6 / 2 6 - 7 / 3 0 0 . 0 0 4 , 3 7 6 . 5 5 11 1 1 1 1 1 6 0 8 3 0 9 / 0 9 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 P R O F S V C - 5 / 2 5 - 6 / 2 5 0 . 0 0 9 5 9 . 8 3 TO T A L C H E C K 0 . 0 0 1 2 , 5 1 1 . 4 0 11 1 1 1 1 1 6 0 8 4 0 9 / 0 9 / 1 0 5 0 0 F L O R A H O F F M A N 1 1 1 6 2 0 1 R E F U N D - R E S V 1 5 9 4 1 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 6 0 8 5 0 9 / 0 9 / 1 0 5 0 0 F R E D A N D C A S S A N D R A D O T Z L 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 0 5 0 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N D S C P H I S T O R I C A L P K 0 . 0 0 1 , 9 6 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N D S C P - W I L D W O O D P K 0 . 0 0 1 , 8 2 1 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 7 5 3 0 2 L N D S C P - S A R A L O T # 2 0 . 0 0 2 , 4 9 8 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N D S C P - V I C K O R Y P A T H 0 . 0 0 7 8 2 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 8 / 1 0 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 8 / 1 0 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M 0 8 / 1 0 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 8 / 1 0 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 A Z U L E 0 8 / 1 0 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 S E A G U L L 0 8 / 1 0 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 8 / 1 0 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 8 / 1 0 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 8 / 1 0 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 8 / 1 0 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 8 / 1 0 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 8 / 1 0 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 8 / 1 0 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 8 / 1 0 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 0 8 6 0 9 / 0 9 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E S A R A 0 8 / 1 0 0 . 0 0 8 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 3 , 3 7 9 . 0 0 11 1 1 1 1 1 6 0 8 7 0 9 / 0 9 / 1 0 5 0 0 G A R Y S M E R D O N 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 1 4 0 . 0 0 11 1 1 1 1 1 6 0 8 8 0 9 / 0 9 / 1 0 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 5 1 0 2 P R O F S V C 0 7 / 0 5 - 0 7 / 3 1 0 . 0 0 1 , 0 2 0 . 0 0 11 1 1 1 1 1 6 0 8 9 0 9 / 0 9 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N H E L D 0 . 0 0 - 1 , 5 5 9 . 1 0 11 1 1 1 1 1 6 0 8 9 0 9 / 0 9 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 2 1 - 0 0 3 S I G N A L U P G R A D E P R O J 0 . 0 0 2 , 4 8 0 . 3 8 11 1 1 1 1 1 6 0 8 9 0 9 / 0 9 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 4 1 - 0 0 2 S T O R M D R A I N I M P R V M N T 0 . 0 0 1 , 8 0 4 . 6 6 11 1 1 1 1 1 6 0 8 9 0 9 / 0 9 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 4 2 - 0 0 6 S A R A / S V L A D A R A M P S 0 . 0 0 1 1 , 3 0 6 . 0 0 TO T A L C H E C K 0 . 0 0 1 4 , 0 3 1 . 9 4 11 1 1 1 1 1 6 0 9 0 0 9 / 0 9 / 1 0 4 8 4 H I G H W A Y T E C H N O L O G I E S , I N 4 1 1 9 1 1 1 - 0 0 2 M A T E R I A L S - R E S T R I P I N G 0 . 0 0 9 0 . 1 4 11 1 1 1 1 1 6 0 9 1 0 9 / 0 9 / 1 0 4 9 1 H U M A N B E H A V I O R A S S O C I A T E 1 1 1 2 3 0 1 E A P S V C - 0 8 / 1 0 0 . 0 0 2 , 0 9 9 . 5 0 11 1 1 1 1 1 6 0 9 2 0 9 / 0 9 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - B L A N E Y P L A Z A 0 . 0 0 1 8 6 . 7 6 11 1 1 1 1 1 6 0 9 2 0 9 / 0 9 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - S P G B L O S S O M 0 . 0 0 6 8 . 0 0 TO T A L C H E C K 0 . 0 0 2 5 4 . 7 6 11 1 1 1 1 1 6 0 9 3 0 9 / 0 9 / 1 0 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 R E M O V E W O O D - E L Q U I T O 0 . 0 0 2 , 2 5 0 . 0 0 11 1 1 1 1 1 6 0 9 3 0 9 / 0 9 / 1 0 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 O A K M A I N T - A Z U L E 0 . 0 0 5 7 0 . 0 0 11 1 1 1 1 1 6 0 9 3 0 9 / 0 9 / 1 0 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 P R U N E O A K S - F R U I T V A L E 0 . 0 0 2 , 2 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 0 9 5 . 0 0 42 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 2 : 2 8 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 0 9 4 0 9 / 0 9 / 1 0 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - R E S T R I P I N G 0 . 0 0 1 , 3 2 8 . 9 2 11 1 1 1 1 1 6 0 9 5 0 9 / 0 9 / 1 0 5 0 0 J A C K M A Y 1 1 1 R E F U N D - P E R M I T F E E 0 . 0 0 4 , 4 0 0 . 0 0 11 1 1 1 1 1 6 0 9 6 0 9 / 0 9 / 1 0 5 0 0 J A M E S A N D L A M B K I N G E N S H E 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 1 7 0 . 0 0 11 1 1 1 1 1 6 0 9 7 0 9 / 0 9 / 1 0 5 0 0 J A M E S K O L O T O U R O S 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 2 0 2 . 5 6 11 1 1 1 1 1 6 0 9 8 0 9 / 0 9 / 1 0 7 7 9 J A Y A R E S E N D E Z 1 1 1 2 3 0 1 L G L S V C 0 5 / 2 5 - 0 7 / 2 3 0 . 0 0 9 , 2 7 6 . 4 5 11 1 1 1 1 1 6 0 9 9 0 9 / 0 9 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 R E P A I R T H E A T R E A L A R M 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 6 0 9 9 0 9 / 0 9 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C T I O N 0 . 0 0 2 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 6 1 0 0 0 9 / 0 9 / 1 0 6 2 4 L A B O R C O N S U L T A N T S O F C A 4 1 1 9 1 2 1 - 0 0 3 L G L - W A G E C O M P L I A N C E 0 . 0 0 7 5 0 . 0 0 11 1 1 1 1 1 6 1 0 0 0 9 / 0 9 / 1 0 6 2 4 L A B O R C O N S U L T A N T S O F C A 4 1 1 9 1 4 2 - 0 0 6 L G L - W A G E C O M P L I A N C E 0 . 0 0 1 , 5 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 2 5 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 B E A U C H A M P S P K 0 8 / 1 0 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 R A V E N W O O D P K 0 8 / 1 0 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 A Z U L E P A R K 0 8 / 1 0 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 K E V I N M O R A N P K 0 8 / 1 0 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 8 / 1 0 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 P R O S P E C T C T R 0 8 / 1 0 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 8 / 1 0 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 4 5 3 0 2 S U N L A N D P K 0 8 / 1 0 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 K E R W I N R A N C H 0 8 / 1 0 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 8 / 1 0 0 . 0 0 1 , 5 9 8 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 L E G E N D S 0 8 / 1 0 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 6 1 0 1 0 9 / 0 9 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 3 5 3 0 2 G A T E W A Y 0 8 / 1 0 0 . 0 0 2 0 3 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 3 6 0 . 0 0 11 1 1 1 1 1 6 1 0 2 0 9 / 0 9 / 1 0 5 0 0 L O R E N A G A M E Z 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 6 1 0 3 0 9 / 0 9 / 1 0 6 6 5 M A R K T H O M A S & C O M P A N Y 4 1 1 9 1 2 1 - 0 0 3 A D A P E D E S T R I A N 0 7 / 1 0 0 . 0 0 6 5 9 . 0 0 11 1 1 1 1 1 6 1 0 4 0 9 / 0 9 / 1 0 4 9 9 M I L L M A N & I N D U S T R I A L C A R 1 1 1 D E D : 3 0 0 0 D U E S 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 6 1 0 5 0 9 / 0 9 / 1 0 2 3 M I T Y - L I T E , I N C . 4 1 3 9 3 5 1 - 0 0 4 T A B L E S / C H A I R S - M P R 0 . 0 0 3 , 7 4 6 . 4 2 11 1 1 1 1 1 6 1 0 6 0 9 / 0 9 / 1 0 7 1 M U N I Q U I P 6 2 3 5 2 0 2 V E H I C L E S T E P - # 9 7 0 . 0 0 2 6 2 . 2 8 11 1 1 1 1 1 6 1 0 7 0 9 / 0 9 / 1 0 7 9 M U N I S E R V I C E S L L C 1 1 1 8 1 0 1 S U T A Q 3 / 1 0 0 . 0 0 1 , 9 5 6 . 2 9 11 1 1 1 1 1 6 1 0 8 0 9 / 0 9 / 1 0 8 9 2 N I M B U S C O N S U L T I N G G R O U P 1 1 1 3 1 0 1 P R O F S V C - S B 9 0 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 6 1 0 9 0 9 / 0 9 / 1 0 9 0 0 O A K S T O N E W E L L N E S S 6 1 2 8 5 0 1 P U B L I C A T I O N - W E L L N E S S 0 . 0 0 1 3 6 . 3 4 11 1 1 1 1 1 6 1 1 0 0 9 / 0 9 / 1 0 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W E N F O R C E M E N T 7 / 1 0 0 . 0 0 3 5 4 , 4 2 9 . 0 0 11 1 1 1 1 1 6 1 1 0 0 9 / 0 9 / 1 0 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W E N F O R C E M E N T 8 / 1 0 0 . 0 0 3 5 4 , 4 2 9 . 0 0 TO T A L C H E C K 0 . 0 0 7 0 8 , 8 5 8 . 0 0 43 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 2 : 2 8 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 1 1 0 9 / 0 9 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 8 . 2 7 11 1 1 1 1 1 6 1 1 1 0 9 / 0 9 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 4 . 1 2 11 1 1 1 1 1 6 1 1 1 0 9 / 0 9 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 . 0 7 11 1 1 1 1 1 6 1 1 1 0 9 / 0 9 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 . 0 7 TO T A L C H E C K 0 . 0 0 1 9 0 . 5 3 11 1 1 1 1 1 6 1 1 2 0 9 / 0 9 / 1 0 7 7 7 O ’ G R A D Y P A V I N G , I N C . 4 3 1 R E T E N T I O N H E L D 0 . 0 0 - 1 5 , 3 4 0 . 8 5 11 1 1 1 1 1 6 1 1 2 0 9 / 0 9 / 1 0 7 7 7 O ’ G R A D Y P A V I N G , I N C . 4 3 1 9 1 1 2 - 0 0 2 S A R A A V E O V E R L A Y 0 . 0 0 1 5 3 , 4 0 8 . 4 8 TO T A L C H E C K 0 . 0 0 1 3 8 , 0 6 7 . 6 3 11 1 1 1 1 1 6 1 1 3 0 9 / 0 9 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 4 0 . 3 9 11 1 1 1 1 1 6 1 1 3 0 9 / 0 9 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 1 7 5 . 9 5 11 1 1 1 1 1 6 1 1 3 0 9 / 0 9 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - R O A D M A I N T 0 . 0 0 3 0 . 5 9 TO T A L C H E C K 0 . 0 0 2 4 6 . 9 3 11 1 1 1 1 1 6 1 1 4 0 9 / 0 9 / 1 0 5 0 0 Q U E N A D E R Z A D 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 6 1 1 5 0 9 / 0 9 / 1 0 5 0 0 R O B E R T A N D J U L I E M I C H A E L 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 7 4 4 . 0 1 11 1 1 1 1 1 6 1 1 6 0 9 / 0 9 / 1 0 5 0 0 S A N T A C L A R A C O U N T Y F I R E 1 1 1 6 2 0 1 R E F U N D - R E S V 1 5 9 3 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 6 1 1 7 0 9 / 0 9 / 1 0 5 0 0 S A R V A J I T T H A K U R 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 6 1 1 7 0 9 / 0 9 / 1 0 5 0 0 S A R V A J I T T H A K U R 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 9 8 8 . 4 0 TO T A L C H E C K 0 . 0 0 3 , 5 8 8 . 4 0 11 1 1 1 1 1 6 1 1 8 0 9 / 0 9 / 1 0 5 0 5 S C F I R E D E P A R T M E N T 1 1 1 6 1 0 1 I N S T R U C T O R - A E D 0 . 0 0 8 6 . 0 0 11 1 1 1 1 1 6 1 1 9 0 9 / 0 9 / 1 0 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 0 9 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 6 1 1 9 0 9 / 0 9 / 1 0 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 1 1 0 . 0 0 6 6 . 0 8 11 1 1 1 1 1 6 1 1 9 0 9 / 0 9 / 1 0 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 0 1 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 6 1 1 9 0 9 / 0 9 / 1 0 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 0 0 0 . 0 0 6 3 . 8 9 TO T A L C H E C K 0 . 0 0 2 5 7 . 7 5 11 1 1 1 1 1 6 1 2 0 0 9 / 0 9 / 1 0 5 0 0 S T E V E D A L A L 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 0 8 0 . 0 0 11 1 1 1 1 1 6 1 2 1 0 9 / 0 9 / 1 0 5 0 0 S U I T H A R R A M R E D D Y 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 2 , 9 0 4 . 3 9 11 1 1 1 1 1 6 1 2 2 0 9 / 0 9 / 1 0 3 0 8 T E S T I N G E N G I N E E R S 4 3 1 9 1 1 2 - 0 0 2 T E S T I N G - S A R A O V E R L A Y 0 . 0 0 1 , 0 0 0 . 0 0 11 1 1 1 1 1 6 1 2 3 0 9 / 0 9 / 1 0 5 0 0 T H O M A S A N D N A N C Y L I U 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 0 5 0 . 0 0 11 1 1 1 1 1 6 1 2 4 0 9 / 0 9 / 1 0 5 0 0 T - M O B I L E 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 2 , 6 6 0 . 0 0 11 1 1 1 1 1 6 1 2 4 0 9 / 0 9 / 1 0 5 0 0 T - M O B I L E 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 0 2 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 6 8 0 . 0 0 11 1 1 1 1 1 6 1 2 5 0 9 / 0 9 / 1 0 3 4 3 T M T E N T E R P R I S E S I N C 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 9 5 . 0 5 11 1 1 1 1 1 6 1 2 6 0 9 / 0 9 / 1 0 5 0 0 T O Y O N G R O U P , L P 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 1 7 0 . 0 0 11 1 1 1 1 1 6 1 2 7 0 9 / 0 9 / 1 0 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 R E S U R F A C I N G - P A U L A V E 0 . 0 0 1 2 2 . 3 6 44 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 2 : 2 8 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 2 8 0 9 / 0 9 / 1 0 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S W E E P S V C 0 8 / 1 0 0 . 0 0 9 2 2 . 9 2 11 1 1 1 1 1 6 1 2 9 0 9 / 0 9 / 1 0 5 0 0 W A I S T E V E N A N D P H A N B I C H 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 2 7 8 . 2 6 11 1 1 1 1 1 6 1 3 0 0 9 / 0 9 / 1 0 9 0 1 W A X I E S A N I T A R Y S U P P L Y 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 , 3 0 2 . 0 1 11 1 1 1 1 1 6 1 3 0 0 9 / 0 9 / 1 0 9 0 1 W A X I E S A N I T A R Y S U P P L Y 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 2 8 . 9 9 11 1 1 1 1 1 6 1 3 0 0 9 / 0 9 / 1 0 9 0 1 W A X I E S A N I T A R Y S U P P L Y 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 7 5 . 8 9 TO T A L C H E C K 0 . 0 0 1 , 6 0 6 . 8 9 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 J A N I T O R I A L 8 / 0 9 / 1 0 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 M T H L Y S V C - 0 8 / 1 0 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 O F F F R I D A Y 0 7 / 2 3 / 1 0 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 O F F F R I D A Y 0 8 / 0 6 / 1 0 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C S P R I N G S P K 0 8 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C S P R I N G S P K 0 7 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P K 0 7 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P K 0 8 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P K 0 8 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P K 0 7 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K M O R A N P K 0 7 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 3 1 0 9 / 0 9 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K M O R A N P K 0 8 / 1 0 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 0 4 0 . 0 0 11 1 1 1 1 1 6 1 3 2 0 9 / 0 9 / 1 0 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 1 1 1 5 3 0 1 R E P A I R S - W O O D W A R D P K 0 . 0 0 6 8 7 . 0 0 11 1 1 1 1 1 6 1 3 2 0 9 / 0 9 / 1 0 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 4 1 1 9 1 1 1 - 0 0 1 R E P A I R S - 4 T H S T R E E T 0 . 0 0 2 , 3 9 6 . 0 0 11 1 1 1 1 1 6 1 3 2 0 9 / 0 9 / 1 0 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 4 1 3 9 3 5 1 - 0 0 1 R E P A I R S - P R O S P E C T R D 0 . 0 0 2 , 4 1 8 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 5 0 1 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 , 1 9 7 , 9 8 5 . 0 9 TO T A L F U N D 0 . 0 0 1 , 1 9 7 , 9 8 5 . 0 9 TO T A L R E P O R T 0 . 0 0 1 , 1 9 7 , 9 8 5 . 0 9 45 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 3 3 0 9 / 1 6 / 1 0 5 4 6 A B A G P O W E R P U R C H A S I N G 6 2 4 6 2 0 2 G A S S V C 0 8 / 1 0 0 . 0 0 1 , 2 4 0 . 0 0 11 1 1 1 1 1 6 1 3 4 0 9 / 1 6 / 1 0 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 8 3 8 . 3 0 11 1 1 1 1 1 6 1 3 4 0 9 / 1 6 / 1 0 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 0 1 . 8 2 TO T A L C H E C K 0 . 0 0 9 4 0 . 1 2 11 1 1 1 1 1 6 1 3 5 0 9 / 1 6 / 1 0 7 9 8 A N G E L I N A , P A T R I C I A 1 1 1 6 1 0 1 I N S T R U C T O R - R O S E N M T H D 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 1 3 6 0 9 / 1 6 / 1 0 2 5 1 A W D I R E C T , I N C 6 2 3 5 2 0 2 C O N S O L E - V E H # 1 1 0 0 . 0 0 1 8 2 . 8 1 11 1 1 1 1 1 6 1 3 7 0 9 / 1 6 / 1 0 5 0 0 B A R K H A K A T I Y A R 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 8 8 . 0 0 11 1 1 1 1 1 6 1 3 8 0 9 / 1 6 / 1 0 5 0 0 B E V E R L Y W A L L A C E 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 5 . 0 0 11 1 1 1 1 1 6 1 3 9 0 9 / 1 6 / 1 0 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 P R O F S V C - 0 6 / 2 1 - 0 7 / 2 5 0 . 0 0 5 8 3 . 4 1 11 1 1 1 1 1 6 1 3 9 0 9 / 1 6 / 1 0 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 P R O F S V C - 0 6 / 2 1 - 0 7 / 2 5 0 . 0 0 4 , 5 0 2 . 9 9 TO T A L C H E C K 0 . 0 0 5 , 0 8 6 . 4 0 11 1 1 1 1 1 6 1 4 0 0 9 / 1 6 / 1 0 5 1 C A L I F O R N I A M U N I C I P A L S T A 1 1 1 3 1 0 1 S T A T I S T I C S V C 2 0 0 9 / 1 0 0 . 0 0 7 5 0 . 0 0 11 1 1 1 1 1 6 1 4 1 0 9 / 1 6 / 1 0 2 6 0 C A S H I E R M S 4 A 1 1 1 5 3 0 1 R E N E W A L - R B E A N 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 1 4 2 0 9 / 1 6 / 1 0 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 A N T I - V I R U S R E N E W A L 0 . 0 0 4 , 0 2 7 . 3 4 11 1 1 1 1 1 6 1 4 3 0 9 / 1 6 / 1 0 1 6 3 C H O W , J A C K S O N 1 1 1 6 1 0 1 I N S T R U C T O R - D E B A T E 0 . 0 0 6 5 7 . 0 0 11 1 1 1 1 1 6 1 4 4 0 9 / 1 6 / 1 0 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 M A I N T E N A N C E A / C # 1 0 . 0 0 3 3 6 . 5 6 11 1 1 1 1 1 6 1 4 5 0 9 / 1 6 / 1 0 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S V C 0 9 / 1 0 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 6 1 4 6 0 9 / 1 6 / 1 0 2 1 4 C I T Y O F S A R A T O G A 1 1 1 8 3 0 2 E V E N T F E E - C I N E M A 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 4 7 0 9 / 1 6 / 1 0 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 2 , 3 5 6 . 6 2 11 1 1 1 1 1 6 1 4 8 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 R E T E N T I O N H E L D - # 1 0 . 0 0 - 5 5 5 . 0 0 11 1 1 1 1 1 6 1 4 8 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 9 1 4 2 - 0 0 4 V I L L A G E E N H A N C E M E N T 0 . 0 0 4 , 9 9 5 . 0 0 11 1 1 1 1 1 6 1 4 8 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 9 1 4 2 - 0 0 4 1 0 % R E T E N T I O N 0 . 0 0 5 5 5 . 0 0 11 1 1 1 1 1 6 1 4 8 V 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 R E T E N T I O N H E L D - # 1 0 . 0 0 5 5 5 . 0 0 11 1 1 1 1 1 6 1 4 8 V 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 9 1 4 2 - 0 0 4 V I L L A G E E N H A N C E M E N T 0 . 0 0 - 4 , 9 9 5 . 0 0 11 1 1 1 1 1 6 1 4 8 V 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 9 1 4 2 - 0 0 4 1 0 % R E T E N T I O N 0 . 0 0 - 5 5 5 . 0 0 TO T A L C H E C K 0 . 0 0 0 . 0 0 11 1 1 1 1 1 6 1 4 9 0 9 / 1 6 / 1 0 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E - 0 7 / 1 0 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 5 0 0 9 / 1 6 / 1 0 5 0 0 D A V I D S I L V E R S T E I N 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 2 9 . 0 0 11 1 1 1 1 1 6 1 5 1 0 9 / 1 6 / 1 0 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 2 4 3 . 3 6 11 1 1 1 1 1 6 1 5 2 0 9 / 1 6 / 1 0 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 3 2 3 2 0 2 B A T T E R Y - L A P T O P 0 . 0 0 1 4 4 . 8 5 11 1 1 1 1 1 6 1 5 2 0 9 / 1 6 / 1 0 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 2 2 3 2 0 1 S E R V E R M A I N T R E N E W A L 0 . 0 0 3 , 5 1 0 . 7 7 TO T A L C H E C K 0 . 0 0 3 , 6 5 5 . 6 2 46 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 5 3 0 9 / 1 6 / 1 0 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 4 1 1 9 1 1 1 - 0 0 1 E L E C T R I C L I D - O A K S T 0 . 0 0 4 8 . 7 3 11 1 1 1 1 1 6 1 5 4 0 9 / 1 6 / 1 0 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L W V C 8 / 1 0 0 . 0 0 1 5 2 . 9 5 11 1 1 1 1 1 6 1 5 4 0 9 / 1 6 / 1 0 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L ( 2 ) 0 8 / 1 0 0 . 0 0 3 0 5 . 9 0 TO T A L C H E C K 0 . 0 0 4 5 8 . 8 5 11 1 1 1 1 1 6 1 5 5 0 9 / 1 6 / 1 0 4 5 2 G B O R T O L O T T O & C O M P A N Y , 4 1 1 R E T E N T I O N H E L D - # 1 0 . 0 0 - 1 4 , 8 9 5 . 8 3 11 1 1 1 1 1 6 1 5 5 0 9 / 1 6 / 1 0 4 5 2 G B O R T O L O T T O & C O M P A N Y , 4 3 1 9 1 1 2 - 0 0 2 S A R A / F R U I T V A L E P R O J 0 . 0 0 1 3 4 , 0 6 2 . 5 4 11 1 1 1 1 1 6 1 5 5 0 9 / 1 6 / 1 0 4 5 2 G B O R T O L O T T O & C O M P A N Y , 4 1 1 9 1 1 1 - 0 0 1 1 0 % R E T E N T I O N 0 . 0 0 1 4 , 8 9 5 . 8 3 TO T A L C H E C K 0 . 0 0 1 3 4 , 0 6 2 . 5 4 11 1 1 1 1 1 6 1 5 6 0 9 / 1 6 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 P L A N T R E M O V A L 8 / 2 0 0 . 0 0 3 7 5 . 0 0 11 1 1 1 1 1 6 1 5 6 0 9 / 1 6 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 2 0 1 H W Y 9 / A L O H A 0 9 / 1 0 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 6 1 5 6 0 9 / 1 6 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 T R E E S V C - S A R A / V I N E 0 . 0 0 2 3 8 . 0 0 11 1 1 1 1 1 6 1 5 6 0 9 / 1 6 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 T R E E S V C - D A G M A R 0 . 0 0 2 5 6 . 7 2 TO T A L C H E C K 0 . 0 0 1 , 2 5 9 . 7 2 11 1 1 1 1 1 6 1 5 7 0 9 / 1 6 / 1 0 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 4 1 . 6 8 11 1 1 1 1 1 6 1 5 7 0 9 / 1 6 / 1 0 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 M O W E R S E A T - E Q P # 3 6 0 . 0 0 6 6 6 . 8 6 TO T A L C H E C K 0 . 0 0 7 0 8 . 5 4 11 1 1 1 1 1 6 1 5 8 0 9 / 1 6 / 1 0 4 6 3 G R A I N G E R 6 1 1 8 4 0 1 E X I T S I G N - S A F E T Y 0 . 0 0 1 0 3 . 0 2 11 1 1 1 1 1 6 1 5 8 0 9 / 1 6 / 1 0 4 6 3 G R A I N G E R 6 1 1 8 4 0 1 S A F E T Y E Q U I P M E N T 0 . 0 0 4 8 3 . 0 0 TO T A L C H E C K 0 . 0 0 5 8 6 . 0 2 11 1 1 1 1 1 6 1 5 9 0 9 / 1 6 / 1 0 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 2 9 . 9 9 11 1 1 1 1 1 6 1 6 0 0 9 / 1 6 / 1 0 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 1 , 0 4 5 . 2 0 11 1 1 1 1 1 6 1 6 1 0 9 / 1 6 / 1 0 8 9 7 H O W E L L E L E C T R I C 6 1 1 R E T E N T I O N H E L D - # 1 0 . 0 0 - 8 9 4 . 0 0 11 1 1 1 1 1 6 1 6 1 0 9 / 1 6 / 1 0 8 9 7 H O W E L L E L E C T R I C 6 1 1 8 4 0 1 A L A R M - G R A C E B U I L D I N G 0 . 0 0 8 , 9 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 0 4 6 . 0 0 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 4 6 5 3 0 2 R E P A I R S - A Z U L E P K 0 . 0 0 2 6 8 . 9 5 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - F O O T H I L L P K 0 . 0 0 8 8 . 3 5 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - B L A N E Y 0 . 0 0 9 4 . 0 0 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - B E A U C H A M P S 0 . 0 0 4 3 0 . 9 4 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 4 6 5 3 0 2 R E P A I R S - G U A V A C T 0 . 0 0 1 0 7 . 8 0 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - E L Q U I T O P K 0 . 0 0 2 2 9 . 1 3 11 1 1 1 1 1 6 1 6 2 0 9 / 1 6 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 V I N E Y A R D C N T R L L E R 0 . 0 0 1 1 2 . 4 4 TO T A L C H E C K 0 . 0 0 1 , 3 3 1 . 6 1 11 1 1 1 1 1 6 1 6 3 0 9 / 1 6 / 1 0 5 0 0 J I L L M I L L E R 1 1 1 6 1 0 1 A C T I V I T Y T R A N S F E R 0 . 0 0 3 2 . 0 0 11 1 1 1 1 1 6 1 6 4 0 9 / 1 6 / 1 0 8 8 J O E ’ S T R A C T O R S E R V I C E 1 1 1 5 3 0 1 T R A C T O R S V C - Q U I T O 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 6 1 6 5 0 9 / 1 6 / 1 0 1 2 7 K E L L Y - M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 P A I N T I N G M A T E R I A L S 0 . 0 0 5 8 . 2 8 11 1 1 1 1 1 6 1 6 5 0 9 / 1 6 / 1 0 1 2 7 K E L L Y - M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 P A I N T I N G M A T E R I A L S 0 . 0 0 1 1 3 . 0 8 TO T A L C H E C K 0 . 0 0 1 7 1 . 3 6 11 1 1 1 1 1 6 1 6 6 0 9 / 1 6 / 1 0 8 1 9 K I L L I O N , C A T H E R I N E 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 2 4 . 5 0 47 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 6 7 0 9 / 1 6 / 1 0 1 7 1 L A B O S S I E R E , M O N I C A 6 1 2 8 5 0 1 F I T N E S S - W E L L N E S S 2 0 1 1 0 . 0 0 2 5 5 . 6 5 11 1 1 1 1 1 6 1 6 8 0 9 / 1 6 / 1 0 5 0 0 L E I Z H A N G 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 1 3 . 0 0 11 1 1 1 1 1 6 1 6 9 0 9 / 1 6 / 1 0 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T H L Y S V C 0 8 / 1 0 0 . 0 0 1 6 7 . 0 0 11 1 1 1 1 1 6 1 7 0 0 9 / 1 6 / 1 0 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L E G A L - 0 8 / 1 0 0 . 0 0 5 , 4 6 9 . 0 0 11 1 1 1 1 1 6 1 7 0 0 9 / 1 6 / 1 0 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L E G A L S V C - 0 7 / 1 0 0 . 0 0 2 , 5 4 5 . 4 0 11 1 1 1 1 1 6 1 7 0 0 9 / 1 6 / 1 0 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L E G A L S V C - 0 8 / 1 0 0 . 0 0 5 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 5 9 4 . 4 0 11 1 1 1 1 1 6 1 7 1 0 9 / 1 6 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 R E P A I R S - M I N A W A Y 0 . 0 0 1 6 4 . 2 1 11 1 1 1 1 1 6 1 7 1 0 9 / 1 6 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 R E P A I R S - B E L L G R O V E 0 . 0 0 4 9 . 9 4 TO T A L C H E C K 0 . 0 0 2 1 4 . 1 5 11 1 1 1 1 1 6 1 7 2 0 9 / 1 6 / 1 0 3 4 0 M E Y E R , G R E G 1 1 1 6 1 0 1 I N S T R U C T O R - N A T U R E 0 . 0 0 9 7 . 5 0 11 1 1 1 1 1 6 1 7 2 0 9 / 1 6 / 1 0 3 4 0 M E Y E R , G R E G 1 1 1 6 1 0 1 I N S T R U C T O R - N A T U R E 0 . 0 0 3 9 . 0 0 TO T A L C H E C K 0 . 0 0 1 3 6 . 5 0 11 1 1 1 1 1 6 1 7 3 0 9 / 1 6 / 1 0 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 1 2 0 1 C O M M I S S I O N I N V I T A T I O N 0 . 0 0 8 1 . 4 1 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 . 8 0 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 8 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 2 . 4 8 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 0 . 8 0 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 . 8 6 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 7 . 0 5 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 . 3 6 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 . 8 5 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 1 . 8 5 11 1 1 1 1 1 6 1 7 4 0 9 / 1 6 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 1 9 . 1 4 TO T A L C H E C K 0 . 0 0 3 4 1 . 1 9 11 1 1 1 1 1 6 1 7 5 0 9 / 1 6 / 1 0 6 0 O N T R A C 4 1 1 9 1 1 1 - 0 0 1 S H I P P I N G 0 8 / 0 2 0 . 0 0 2 0 . 5 0 11 1 1 1 1 1 6 1 7 6 0 9 / 1 6 / 1 0 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 7 8 . 4 3 11 1 1 1 1 1 6 1 7 7 0 9 / 1 6 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 4 0 0 . 8 8 11 1 1 1 1 1 6 1 7 7 0 9 / 1 6 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 0 . 1 9 TO T A L C H E C K 0 . 0 0 4 2 1 . 0 7 11 1 1 1 1 1 6 1 7 8 0 9 / 1 6 / 1 0 5 0 0 P A T R I C K R E E D 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 6 1 7 9 0 9 / 1 6 / 1 0 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 8 / 1 0 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 6 1 8 0 0 9 / 1 6 / 1 0 3 7 5 Q U A L I T Y A S S U R A N C E T R A V E L 1 1 1 6 1 0 1 E X C U R S I O N S V C # 4 2 3 0 7 0 . 0 0 9 7 0 . 0 0 11 1 1 1 1 1 6 1 8 1 0 9 / 1 6 / 1 0 5 0 0 R A N D Y H E L M O N D S 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 6 1 8 2 0 9 / 1 6 / 1 0 6 8 7 R O B I N S O N , L A U R I E 6 1 2 8 5 0 1 5 0 % R E I M B - Y O G A 0 . 0 0 2 8 . 0 0 11 1 1 1 1 1 6 1 8 3 0 9 / 1 6 / 1 0 3 8 2 R V C L O U D C O 1 1 1 5 3 0 1 S U P P L I E S - L A N D S C A P E 0 . 0 0 1 2 . 6 8 48 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 8 4 0 9 / 1 6 / 1 0 8 7 S A N J O S E W A T E R C O M P A N Y 4 3 2 9 2 7 4 - 0 0 1 S T I P U L A T I O N J U D G E M E N T 0 . 0 0 1 , 0 0 0 . 0 0 11 1 1 1 1 1 6 1 8 5 0 9 / 1 6 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 6 1 8 5 0 9 / 1 6 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 TO T A L C H E C K 0 . 0 0 1 8 4 . 9 6 11 1 1 1 1 1 6 1 8 6 0 9 / 1 6 / 1 0 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 T U R F S U P P L I E S - P A R K S 0 . 0 0 2 3 9 . 2 6 11 1 1 1 1 1 6 1 8 6 0 9 / 1 6 / 1 0 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 T U R F S U P P L I E S - P A R K S 0 . 0 0 5 5 . 9 9 11 1 1 1 1 1 6 1 8 6 0 9 / 1 6 / 1 0 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 R E T U R N E D - I N V 0 3 3 4 2 5 0 . 0 0 - 2 2 3 . 9 6 TO T A L C H E C K 0 . 0 0 7 1 . 2 9 11 1 1 1 1 1 6 1 8 7 0 9 / 1 6 / 1 0 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 3 9 3 7 4 - 0 0 2 S A R A L I B R A R Y 0 8 / 1 0 0 . 0 0 1 , 8 7 4 . 5 1 11 1 1 1 1 1 6 1 8 8 0 9 / 1 6 / 1 0 2 7 7 T A K ’ S E Q U I P M E N T 6 2 3 5 2 0 2 R E P A I R S - M O W E R # 3 3 0 . 0 0 6 2 2 . 4 2 11 1 1 1 1 1 6 1 8 9 0 9 / 1 6 / 1 0 5 0 0 T H E R E S E K N I G H T - H A L L 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 7 , 1 3 5 . 9 8 11 1 1 1 1 1 6 1 9 0 0 9 / 1 6 / 1 0 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 M T H L Y S V C F E E 9 / 1 0 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 1 9 1 0 9 / 1 6 / 1 0 5 0 0 T R A C Y N A M I M A T S U 1 1 1 6 1 0 1 C A N C E L L E D C L A S S ( S ) 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 6 1 9 2 0 9 / 1 6 / 1 0 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S W P S V C 0 8 / 1 0 0 . 0 0 7 , 4 8 9 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T I X - T R I P # 4 2 0 3 8 0 . 0 0 1 , 2 6 5 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - T R I P # 4 2 0 3 6 0 . 0 0 1 4 . 4 7 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T R I P # 4 2 0 3 7 / 4 2 0 3 8 0 . 0 0 2 4 . 0 3 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T I X - T R I P # 4 2 0 3 8 0 . 0 0 1 , 0 5 0 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - T R I P # 4 2 0 3 8 0 . 0 0 2 8 . 9 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 1 9 1 1 1 - 0 0 1 S T O R M D R A I N C O V E R S 0 . 0 0 9 3 1 . 3 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - C A M P 0 . 0 0 4 0 3 . 0 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U B S C R I P T I O N 0 8 / 1 0 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 2 S U P P L I E S - C A M P 0 . 0 0 1 4 2 . 9 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C R - C A M P S U P P L I E S 0 . 0 0 - 9 . 3 6 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 9 . 1 5 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 W C C O N F - K B E A R 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 0 0 . 4 6 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 . 6 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 M E E T I N G 0 8 / 0 3 & 0 8 / 1 3 0 . 0 0 3 2 . 8 3 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 F L O W E R S - R E C O G N I T I O N 0 . 0 0 8 2 . 1 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S I N C E N T I V E S 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 C E R T I F I E D M A I L ( 2 ) 0 . 0 0 1 1 . 2 5 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 I M A G I N G C A R T R I D G E 0 . 0 0 1 1 2 . 3 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 I M A G I N G C A R T R I D G E 0 . 0 0 1 1 2 . 3 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 C A L B O D U E S - B L I N D 0 . 0 0 2 1 5 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 I C C D U E S - B L I N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 2 2 5 . 6 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 B R E A K R O O M - C O R P 0 . 0 0 4 3 . 2 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 1 0 1 B A C K U P R E N E W A L 0 . 0 0 8 1 . 9 5 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 S U P P L I E S - C O M P U T E R 0 . 0 0 1 1 . 9 1 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 S U P P L I E S - C O M P U T E R 0 . 0 0 9 6 . 1 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 S U P P L I E S - C O M P U T E R 0 . 0 0 1 0 . 9 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - C A M P 0 . 0 0 7 8 . 3 2 49 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T I X - E X C U R S I O N # 5 2 0 3 9 0 . 0 0 5 5 4 . 2 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 M T H L Y C C P R O C E S S F E E 0 . 0 0 3 2 . 3 2 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 5 . 4 8 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 W V M & M M T G 0 7 / 3 0 0 . 0 0 3 5 3 . 3 8 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M E E T I N G 0 8 / 1 3 0 . 0 0 9 . 9 8 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 L R F I C H E T R A I N I N G 8 / 1 3 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 0 7 / 2 1 0 . 0 0 1 7 9 . 9 7 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 0 7 / 2 2 0 . 0 0 1 0 7 . 3 9 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M T G 0 8 / 1 3 0 . 0 0 1 2 . 1 9 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 C C A P A C O N F - C R I O R D A N 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K 0 . 0 0 1 9 2 . 3 4 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 K O D A K C 1 8 2 0 . 0 0 1 2 3 . 4 3 11 1 1 1 1 1 6 1 9 4 0 9 / 1 6 / 1 0 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 3 0 2 C O M M G A R A G E S A L E A D 0 . 0 0 4 4 . 9 9 TO T A L C H E C K 0 . 0 0 7 , 9 1 7 . 2 4 11 1 1 1 1 1 6 1 9 5 0 9 / 1 6 / 1 0 4 0 2 V I S T A L A N D S C A P E & M A I N T E 4 1 1 9 1 1 1 - 0 0 1 C L E A R A N C E - P R O S P C T 0 . 0 0 2 , 4 5 5 . 0 0 11 1 1 1 1 1 6 1 9 5 0 9 / 1 6 / 1 0 4 0 2 V I S T A L A N D S C A P E & M A I N T E 2 5 2 5 3 0 2 R E P A I R S - P R I D E S X N G 0 . 0 0 1 , 2 5 5 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 7 1 0 . 0 0 11 1 1 1 1 1 6 1 9 6 0 9 / 1 6 / 1 0 5 0 0 W A T I R I K E L L E Y 1 1 1 6 1 0 1 C A N C E L L E D C A M P ( S ) 0 . 0 0 1 0 8 . 0 0 11 1 1 1 1 1 6 1 9 6 0 9 / 1 6 / 1 0 5 0 0 W A T I R I K E L L E Y 1 1 1 6 1 0 1 C A N C E L L E D C A M P ( S ) 0 . 0 0 4 4 . 0 0 11 1 1 1 1 1 6 1 9 6 0 9 / 1 6 / 1 0 5 0 0 W A T I R I K E L L E Y 1 1 1 6 1 0 1 C A N C E L L E D C A M P ( S ) 0 . 0 0 4 4 . 0 0 TO T A L C H E C K 0 . 0 0 1 9 6 . 0 0 11 1 1 1 1 1 6 1 9 7 0 9 / 1 6 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C # 5 2 0 3 9 0 . 0 0 9 5 5 . 0 0 11 1 1 1 1 1 6 1 9 7 0 9 / 1 6 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C # 5 2 0 4 1 0 . 0 0 8 6 2 . 0 0 11 1 1 1 1 1 6 1 9 7 0 9 / 1 6 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C # 5 2 0 4 2 0 . 0 0 7 8 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 6 0 2 . 0 0 11 1 1 1 1 1 6 1 9 8 0 9 / 1 6 / 1 0 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 M T H L Y - C S P R I N G S 8 / 1 0 0 . 0 0 2 , 1 1 7 . 3 6 11 1 1 1 1 1 6 1 9 9 0 9 / 1 6 / 1 0 4 3 5 W E S T V A L L E Y S A N I T A T I O N D 1 1 1 5 1 0 3 C L N W T R 0 3 / 0 1 - 0 6 / 3 0 0 . 0 0 2 8 , 9 1 8 . 1 8 11 1 1 1 1 1 6 2 0 0 0 9 / 1 6 / 1 0 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 0 0 0 . 0 0 3 2 4 . 6 6 11 1 1 1 1 1 6 2 0 1 0 9 / 1 6 / 1 0 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 L G L S V C - 0 3 - 2 5 9 0 . 0 0 1 0 0 . 4 0 11 1 1 1 1 1 6 2 0 1 0 9 / 1 6 / 1 0 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 L G L - M O D 1 0 - 0 0 0 2 0 . 0 0 1 , 8 5 7 . 4 0 TO T A L C H E C K 0 . 0 0 1 , 9 5 7 . 8 0 11 1 1 1 1 1 6 2 0 2 0 9 / 1 6 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 P R I N T S - 0 3 / 2 3 - 0 6 / 2 8 0 . 0 0 3 1 . 2 4 11 1 1 1 1 1 6 2 0 2 0 9 / 1 6 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 C O P I E R S / N : 1 5 9 0 7 / 1 0 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 6 2 0 2 0 9 / 1 6 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 C O P I E R S / N : 1 5 9 0 9 / 1 0 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 6 2 0 2 0 9 / 1 6 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 C O P I E R S / N : 9 7 1 0 9 / 1 0 0 . 0 0 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 7 6 . 2 4 11 1 1 1 1 1 6 2 0 3 0 9 / 1 6 / 1 0 5 0 0 X U E C H E N G J I N 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 9 5 . 0 0 11 1 1 1 1 1 6 2 0 4 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 R E T E N T I O N H E L D - # 1 0 . 0 0 - 5 5 5 . 0 0 11 1 1 1 1 1 6 2 0 4 0 9 / 1 6 / 1 0 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 9 1 4 2 - 0 0 4 V I L L A G E E N H A N C E M E N T 0 . 0 0 5 , 5 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 9 9 5 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 2 6 7 , 4 0 8 . 5 5 50 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 4 : 3 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L F U N D 0 . 0 0 2 6 7 , 4 0 8 . 5 5 TO T A L R E P O R T 0 . 0 0 2 6 7 , 4 0 8 . 5 5 51 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 2 4 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 2 0 5 0 9 / 2 4 / 1 0 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 9 / 1 0 0 . 0 0 1 4 6 . 0 7 11 1 1 1 1 1 6 2 0 6 0 9 / 2 4 / 1 0 3 1 4 B A Y T E L E C O M 6 1 1 8 4 0 1 F I R E A L A R M L I N E S 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 6 2 0 7 0 9 / 2 4 / 1 0 5 5 3 B R E T S C H N E I D E R , D E B B I E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 6 2 0 8 0 9 / 2 4 / 1 0 1 0 3 C A P I T O L B A R R I C A D E , I N C 4 1 1 9 1 1 1 - 0 0 2 S I G N A G E - Q U I T O 0 . 0 0 3 , 0 8 5 . 5 5 11 1 1 1 1 1 6 2 0 9 0 9 / 2 4 / 1 0 1 3 0 C D W G O V E R N M E N T 6 3 2 3 2 0 2 R E P L A C E M E N T - A P C B A T T 0 . 0 0 1 6 1 . 4 6 11 1 1 1 1 1 6 2 1 0 0 9 / 2 4 / 1 0 5 0 0 C H R I S T I A N N G U Y E N 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 7 2 0 . 0 0 11 1 1 1 1 1 6 2 1 1 0 9 / 2 4 / 1 0 4 9 4 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 0 9 / 2 0 - 1 0 / 1 9 0 . 0 0 9 8 . 9 5 11 1 1 1 1 1 6 2 1 2 0 9 / 2 4 / 1 0 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 I S P A N N U A L S V C 0 9 / 1 0 0 . 0 0 5 3 9 . 9 5 11 1 1 1 1 1 6 2 1 3 0 9 / 2 4 / 1 0 2 6 5 C O W L E S , P A T 6 1 2 8 5 0 1 F I T N E S S - W E L L N E S S 2 0 1 1 0 . 0 0 1 4 1 . 9 9 11 1 1 1 1 1 6 2 1 4 0 9 / 2 4 / 1 0 5 8 9 C P O L T D 6 2 1 3 1 0 2 M T H L Y L E A S E 0 7 / 1 0 0 . 0 0 9 4 5 . 5 8 11 1 1 1 1 1 6 2 1 4 0 9 / 2 4 / 1 0 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R S V C 7 / 2 2 - 8 / 2 1 0 . 0 0 4 2 9 . 3 4 11 1 1 1 1 1 6 2 1 4 0 9 / 2 4 / 1 0 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R S V C 7 / 2 2 - 8 / 2 1 0 . 0 0 3 2 5 . 9 8 TO T A L C H E C K 0 . 0 0 1 , 7 0 0 . 9 0 11 1 1 1 1 1 6 2 1 5 0 9 / 2 4 / 1 0 5 2 8 D A V I D . G A T E S & A S S O C I A T 4 1 1 9 1 4 2 - 0 0 4 P R O F S V C 0 7 / 0 5 - 0 8 / 0 1 0 . 0 0 1 , 6 4 6 . 1 1 11 1 1 1 1 1 6 2 1 5 0 9 / 2 4 / 1 0 5 2 8 D A V I D . G A T E S & A S S O C I A T 4 1 1 9 1 4 2 - 0 0 4 P R O F S V C 0 8 / 0 2 - 0 8 / 2 9 0 . 0 0 6 4 3 . 9 1 TO T A L C H E C K 0 . 0 0 2 , 2 9 0 . 0 2 11 1 1 1 1 1 6 2 1 6 0 9 / 2 4 / 1 0 3 4 9 D U N C A N P R I N T I N G 1 1 1 8 1 0 1 S I G N S - H O L I D A Y 2 0 1 1 0 . 0 0 3 4 4 . 1 4 11 1 1 1 1 1 6 2 1 7 0 9 / 2 4 / 1 0 5 3 2 E M P L O Y M E N T D E V E L O P M E N T D 1 1 1 8 1 0 1 D E 2 1 7 6 C L O S I N G 8 / 2 7 0 . 0 0 4 7 7 . 0 0 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - S P R N G B L O S S O M 0 . 0 0 1 0 2 . 7 8 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - L I B R A R Y 0 . 0 0 1 4 0 . 0 0 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - D A G M A R 0 . 0 0 1 1 5 . 0 0 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - S A R A A V E 0 . 0 0 1 1 7 . 4 0 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 R E P A I R S - G U A V A C T 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 2 1 8 0 9 / 2 4 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - S A R A A V E 0 . 0 0 1 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 7 6 5 . 1 8 11 1 1 1 1 1 6 2 1 9 0 9 / 2 4 / 1 0 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 8 / 1 0 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 6 2 1 9 0 9 / 2 4 / 1 0 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 9 / 1 0 0 . 0 0 1 , 6 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 2 0 0 . 0 0 11 1 1 1 1 1 6 2 2 0 0 9 / 2 4 / 1 0 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 8 8 . 2 0 11 1 1 1 1 1 6 2 2 1 0 9 / 2 4 / 1 0 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E S V C - B R O O K G L E N 0 . 0 0 8 7 0 . 0 0 11 1 1 1 1 1 6 2 2 2 0 9 / 2 4 / 1 0 5 0 0 J I M Y A N G 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 5 2 0 . 0 0 11 1 1 1 1 1 6 2 2 3 0 9 / 2 4 / 1 0 9 0 3 K I T C H E N W O R L D L L C 4 1 3 9 3 3 3 - 0 0 5 R E F R I G E R A T O R - S R C T R 0 . 0 0 2 , 1 8 5 . 0 0 11 1 1 1 1 1 6 2 2 3 0 9 / 2 4 / 1 0 9 0 3 K I T C H E N W O R L D L L C 4 1 3 9 3 3 3 - 0 0 5 S E T U P - S R C T R 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 6 2 2 3 0 9 / 2 4 / 1 0 9 0 3 K I T C H E N W O R L D L L C 4 1 3 9 3 3 3 - 0 0 5 S R C T R - R E F R I G E R A T O R 0 . 0 0 2 , 1 8 5 . 0 0 52 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 2 4 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 2 2 3 0 9 / 2 4 / 1 0 9 0 3 K I T C H E N W O R L D L L C 4 1 3 9 3 3 3 - 0 0 5 S E T U P - S R C T R 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 6 2 2 3 0 9 / 2 4 / 1 0 9 0 3 K I T C H E N W O R L D L L C 4 1 3 9 3 3 3 - 0 0 5 C O O L E R - S R C T R 0 . 0 0 2 , 8 9 5 . 1 3 TO T A L C H E C K 0 . 0 0 7 , 5 6 5 . 1 3 11 1 1 1 1 1 6 2 2 4 0 9 / 2 4 / 1 0 2 6 3 M A I N T E N A N C E S U P E R I N T E N D E 1 1 1 5 2 0 1 V I L L A L O B O S - D U E S 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 2 2 4 0 9 / 2 4 / 1 0 2 6 3 M A I N T E N A N C E S U P E R I N T E N D E 1 1 1 5 2 0 1 D U E S - T O R R E S 0 . 0 0 6 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 2 0 . 0 0 11 1 1 1 1 1 6 2 2 5 0 9 / 2 4 / 1 0 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 8 / 2 2 - 8 / 3 1 0 . 0 0 4 7 5 . 0 0 11 1 1 1 1 1 6 2 2 6 0 9 / 2 4 / 1 0 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 M T H L Y L A W S V C 0 9 / 1 0 0 . 0 0 3 5 4 , 4 2 9 . 0 0 11 1 1 1 1 1 6 2 2 7 0 9 / 2 4 / 1 0 5 0 0 P A P K E N D E R T O R O S S I A N 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 5 7 0 . 0 0 11 1 1 1 1 1 6 2 2 8 0 9 / 2 4 / 1 0 8 9 0 P E E L L E T E C H N O L O G I E S , I N C 4 1 4 9 4 1 2 - 0 0 3 S C A N N I N G S V C 0 7 / 1 5 0 . 0 0 3 5 4 . 1 2 11 1 1 1 1 1 6 2 2 9 0 9 / 2 4 / 1 0 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 Z F O L D E N V E L O P E S 0 . 0 0 2 0 0 . 4 0 11 1 1 1 1 1 6 2 2 9 0 9 / 2 4 / 1 0 6 5 2 P T M D O C U M E N T S Y S T E M S 6 3 2 3 2 0 2 P R I N T E R R E P L A C E M E N T 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 6 2 2 9 0 9 / 2 4 / 1 0 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 F O L D E R / S E A L E R 0 . 0 0 1 , 7 0 9 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 9 0 9 . 4 0 11 1 1 1 1 1 6 2 3 0 0 9 / 2 4 / 1 0 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 M T H L Y S V C 0 7 / 1 0 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 6 2 3 0 0 9 / 2 4 / 1 0 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 S I G N A L R E P A I R S 0 7 / 1 0 0 . 0 0 5 6 8 . 5 9 11 1 1 1 1 1 6 2 3 0 0 9 / 2 4 / 1 0 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 S I G N A L R E P A I R 7 / 0 9 / 1 0 0 . 0 0 1 , 4 0 0 . 5 0 TO T A L C H E C K 0 . 0 0 3 , 3 9 4 . 0 9 11 1 1 1 1 1 6 2 3 1 0 9 / 2 4 / 1 0 1 S C C S H E R I F F ’ S O F F I C E - R E S 1 1 1 8 3 0 2 C I N E M A - W I L D W O O D 0 . 0 0 1 5 4 . 0 1 11 1 1 1 1 1 6 2 3 2 0 9 / 2 4 / 1 0 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S V C 8 / 1 4 - 9 / 1 3 0 . 0 0 7 3 . 4 2 11 1 1 1 1 1 6 2 3 3 0 9 / 2 4 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 M T H L Y M A I N T 1 0 / 1 0 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 6 2 3 3 0 9 / 2 4 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E M A I N T E N A N C E 1 0 / 1 0 0 . 0 0 3 6 4 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 7 5 4 . 0 0 11 1 1 1 1 1 6 2 3 4 0 9 / 2 4 / 1 0 3 0 8 T E S T I N G E N G I N E E R S 4 3 1 9 1 1 2 - 0 0 2 P R O F S V C 0 7 / 1 0 0 . 0 0 3 , 2 8 5 . 7 5 11 1 1 1 1 1 6 2 3 5 0 9 / 2 4 / 1 0 3 1 3 T H E M E R C U R Y N E W S 1 1 1 8 1 0 1 N E W S P A P E R 1 0 / 2 - 1 2 / 3 1 0 . 0 0 6 3 . 6 3 11 1 1 1 1 1 6 2 3 6 0 9 / 2 4 / 1 0 3 5 0 T O M ’ S P L U M B I N G 1 1 1 5 3 0 1 P L U M B I N G - W I L D W O O D 0 . 0 0 1 1 5 . 0 0 11 1 1 1 1 1 6 2 3 7 0 9 / 2 4 / 1 0 7 2 6 T R E E S 3 6 0 D E G R E E S 2 5 4 5 3 0 2 T R E E M A I N T - S U N L A N D 0 . 0 0 2 , 2 8 0 . 0 0 11 1 1 1 1 1 6 2 3 7 0 9 / 2 4 / 1 0 7 2 6 T R E E S 3 6 0 D E G R E E S 2 7 2 5 3 0 2 T R E E M A I N T - B E L L G R O V E 0 . 0 0 2 , 4 0 0 . 0 0 11 1 1 1 1 1 6 2 3 7 0 9 / 2 4 / 1 0 7 2 6 T R E E S 3 6 0 D E G R E E S 1 1 1 5 3 0 1 T R E E M A I N T - W I L D W O O D 0 . 0 0 2 , 2 9 0 . 0 0 11 1 1 1 1 1 6 2 3 7 0 9 / 2 4 / 1 0 7 2 6 T R E E S 3 6 0 D E G R E E S 1 1 1 5 3 0 1 T R E E M A I N T - Q U I T O 0 . 0 0 8 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 7 , 8 5 0 . 0 0 11 1 1 1 1 1 6 2 3 8 0 9 / 2 4 / 1 0 3 7 7 U N I T E D S I T E S E R V I C E S O F 1 1 1 5 3 0 1 M T H L Y F E N C E R N T L 9 / 1 0 0 . 0 0 7 4 . 3 3 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C T Y M G R O F F I C E 0 . 0 0 2 . 5 6 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C T Y C L R K O F F I C E 0 . 0 0 6 1 . 0 9 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 3 0 1 H R O F F I C E 0 . 0 0 7 2 . 5 7 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N I S T R A T I V E O F F I C E 0 . 0 0 5 9 . 7 7 53 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 9 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 3 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 0 9 2 4 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T S E R V I C E S 0 . 0 0 5 9 . 7 7 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 B U I L D I N G / I N S P E C T I O N 0 . 0 0 7 8 . 4 2 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 D E V E L O P M E N T D E P T 0 . 0 0 3 6 . 4 3 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S D E P T 0 . 0 0 1 6 4 . 1 0 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S D E P T 0 . 0 0 2 9 3 . 2 1 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - E N G I N E E R I N G 0 . 0 0 7 2 . 5 6 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 2 P W - D E V E N G I N E E R I N G 0 . 0 0 1 . 3 3 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 B U I L D I N G M A I N T E N A N C E 0 . 0 0 1 4 5 . 1 2 11 1 1 1 1 1 6 2 3 9 0 9 / 2 4 / 1 0 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C O D E C O M P L I A N C E D E P T 0 . 0 0 3 6 . 2 8 TO T A L C H E C K 0 . 0 0 1 , 0 8 3 . 2 1 11 1 1 1 1 1 6 2 4 0 0 9 / 2 4 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 P A R K J A N I T O R I A L 0 8 / 2 0 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 2 4 0 0 9 / 2 4 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 P A R K J A N I T O I R A L 0 9 / 0 3 0 . 0 0 1 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 6 2 4 1 0 9 / 2 4 / 1 0 4 3 5 W E S T V A L L E Y S A N I T A T I O N D 6 2 4 6 2 0 2 S E W E R S V C F Y 2 0 1 1 0 . 0 0 4 , 1 2 4 . 2 0 TO T A L C A S H A C C O U N T 0 . 0 0 4 1 2 , 2 1 3 . 7 0 TO T A L F U N D 0 . 0 0 4 1 2 , 2 1 3 . 7 0 TO T A L R E P O R T 0 . 0 0 4 1 2 , 2 1 3 . 7 0 54 1 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John Livingstone, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Ordinance Adopting Article 7-36 to Prohibit Smoking Outdoors in the City of Saratoga and Making Conforming Amendments to Articles 7-35 and 11-15 RECOMMENDED ACTION: Conduct a public hearing to consider adopting a new Article 7-36 of the City Code to prohibit smoking in outdoor areas and amending Articles 7-35 and 11-15 to clarify the scope of each of those Articles in relation to the new Article. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. REPORT SUMMARY: The City of Saratoga Mayor Kathleen King has requested this item be placed on the City Council agenda to prohibit smoking in outdoor areas of the City of Saratoga. DISCUSSION: The City of Saratoga currently regulates tobacco in several ways. In the mid-nineties, the City adopted Article 7-35 of the Code of Ordinances, which prohibits smoking in specified enclosed areas. Last year, the City added section 15-80.130 to the zoning code to require use permits for tobacco retailers. In September, 2010 the Council adopted Article 11-15 to prohibit smoking and tobacco use in publicly owned recreational areas, including City-owned parks. Existing state law (Health & Safety Code § 104495) prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions. State law also prohibits smoking within 20 feet of entryways and operable windows of government buildings (Govt. Code § 7597). The state smoke-free workplace law prohibits smoking of tobacco products in enclosed places of employment, with some limited exceptions. (Labor Code § 6404.5.) The proposed ordinance would not overlap with this law because it would apply only to unenclosed places, including, for example, outdoor dining areas. The reasonable distance requirement of the proposed ordinance would further increase the protections afforded to employees, by prohibiting smoking 55 2 within 25 feet of any doorway, window, opening, crack, or vent of an enclosed place of employment in which smoking is prohibited. The proposed ordinance (Attachment 1) would expand these restrictions to include outdoor areas not covered by State law or Articles 7-35 and 11-15 of the City’s Code of Ordinances, including privately-owned recreational areas, service areas (such as outdoor ATMs), dining areas, places of employment, common areas in multi-unit residences, and other public places, including streets and sidewalks. To simplify drafting, staff has not attempted to integrate the proposed ordinance with existing Articles 7-35 and 11-15. Instead, the proposed ordinance includes minor conforming amendments to clarify the scope of coverage of each ordinance. The City intends that the definitions included in the proposed ordinance shall apply to this ordinance only, and not to Articles 7-35 or 11-15, or to any other Article in the Code of Ordinances. Public Health Law & Policy (“PHLP”) has prepared a model ordinance restricting smoking in outdoor areas for use by jurisdictions that wish to prohibit smoking that is not covered by State regulations. The proposed ordinance is based on the PHLP model. The PHLP full model ordinance in included as Attachment 2 and includes annotations explaining the findings and policy options included in the ordinance. In general, staff has included all of the options proposed by the PHLP model ordinance, with the following exceptions: • With respect to common areas of multi-unit residences, staff has not included the alternate definition of “common area,” which would include enclosed areas as well as unenclosed areas. As explained by PHLP, smoking in many of these enclosed common areas may already be prohibited by the state smokefree workplace law. • With respect to other public places, the proposed ordinance prohibits smoking in all unenclosed areas of public places at all times, including on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares. • With respect to enforcement, based on prior Council direction on the Tobacco Retailer Ordinance, staff chose not to create a private right of enforcement thus limiting enforcement methods to the traditional methods used to enforce the Tobacco Retailer Ordinance and the No Smoking in Parks Ordinance, including criminal enforcement as an infraction and civil and administrative actions brought by the City. The proposed ordinance authorizes a person with legal control over a common area of a multi-unit residence to establish a designated smoking area in an unenclosed area if certain conditions are met. As explained by PHLP, this allows residents to have a place to go where they will not expose their family members or other residents to smoke. 56 3 Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). FISCAL IMPACTS: The ordinance requires the Community Development Department to provide education to explain and clarify the ordinance and to provide guidance regarding enforcement. Staff is applying for a grant that may assist with some of these costs; however, if funds are not available, staff will propose a budget for these activities. In addition, signs will need to be placed in City-owned unenclosed areas covered by the ordinance. The Public Works Department has funding available for signs already in their budget. ALTERNATIVES: Provide staff with alternative direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Smoking in outdoor areas would be allowed to the extent consistent with existing State and local law. FOLLOW UP ACTION: Place the ordinance on the consent calendar for adoption at the October 20, 2010 meeting of the City Council. Recommend the Administrative Services Director incorporate the new policy and associated citation fees into the budget and fees schedule. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 1. Proposed Ordinance to Prohibit Smoking in Outdoor Areas in Saratoga 2. Public Health Law & Policy, Smokefree Outdoor Areas Ordinance, A Model California Ordinance Regulating Smoking in Outdoor Areas (with Annotations) (June 2009) 3. Fast Facts Handout from the Center of Disease Control 57 ORDINANCE __________ An Ordinance To Regulate Smoking and Tobacco Product Use in Outdoor Places Findings WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: • Tobacco-related illness is the leading cause of preventable death in the United States, accounting for about 443,000 deaths each year; and • Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth; and • Some of the most common types of cancers including stomach, liver, uterine cervix, and kidney are related to tobacco use; and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: • The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke; and • The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; and • The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and Whereas exposure to secondhand smoke causes death and disease, as evidenced by the following: • Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States; and • Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent; and • Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year; and exacerbates childhood asthma; and WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following: • Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in 58 the user’s mouth that can become cancerous; smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer and the regular use of snuff doubles the user’s risk of cardiovascular disease and death; and • Prolonged use of snus, a form of smokeless tobacco, contributes to high blood pressure, a factor of cardiovascular disease, and to a higher likelihood of suffering a fatal stroke; and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: • The total annual economic burden of smoking in the United States is $193 billion; and • From 2001-2004, the average annual health care expenditures attributable to smoking were approximately $96 billion; • The medical and other costs to nonsmokers due to exposure to secondhand smoke were estimated at over $10 billion per year in the United States in 2005; and and • The total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and • California’s Tobacco Control Program saved the state and its residents $86 billion in health care expenditures between the year of its inception, 1989, and 2004, with savings growing yearly; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: • Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers; and • Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette; and • To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road; and • Studies on a cruise ship have found that even while cruising at 20 knots and with unlimited air volume, outdoor smoking areas contained carcinogens in nearly the same amounts as inside the ship’s casino where smoking was allowed; and WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the following: 59 • In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products; and • Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging; and WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: • It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year; and • Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and • Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose; and WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs, as evidenced by the following: • Cities with smokefree laws see an appreciable reduction in hospital admittances for heart attacks in the months and years after such laws are passed; and • Smoking bans help people reduce the number of cigarettes they smoke or quit altogether; and • Strong smoking regulations for restaurants decrease the number of children who transition from experimenting with smoking to becoming actual smokers; and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians who are nonsmokers; and WHEREAS, society is becoming less tolerant and less accepting of cigarette smoking, as evidenced by the following, • A 2008 survey of California voters found that 75% thought that secondhand smoke is harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting smoking in outdoor public places; and • People living in cities with strong smokefree air laws are more likely to believe smoking is not acceptable and that smokers should attempt to quit smoking; and • As of 2008, there are 187 California cities and counties with local laws restricting smoking in at least one outdoor area; and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions; and state law prohibits 60 smoking within 20 feet of entryways and operable windows of government buildings; and WHEREAS, there is no Constitutional right to smoke; and WHEREAS, the City Council of the City of Saratoga held a duly noticed public hearing on October 6, 2010 and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and subsequently adopted this ordinance on October 20, 2010. NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in and around the City’s outdoor places. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. A. Article 7-36 of the Saratoga City Code is hereby adopted with the text shown in Exhibit A. B. Article 7-35 of the Saratoga City Code is hereby amended as follows (text shown in bold underline (example) is added and text shown in strikeout (example) is deleted): 7-35.010 - Findings and purposes of Article. The City Council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people. The purposes of this Article are to protect the public health and welfare by prohibiting or regulating smoking in certain enclosed places and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air, and to recognize that where these needs conflict, the need to breathe smoke-free air shall have priority. This Article shall apply only to smoking in enclosed places as defined in this Article. Smoking in outdoor places is regulated by Article 7- 36 and 11-15 of this Code. C. Article 11-15 of the Saratoga City Code is hereby amended as follows (text shown in bold underline (example) is added and text shown in strikeout (example) is deleted): Sec. 11-15.20 SMOKING AND TOBACCO USE PROHIBITED 61 (a) Smoking or using a Tobacco Product is prohibited anywhere in a Recreational Area or in any Parking Area. (b) Nothing in this article shall be construed to prohibit Smoking or Tobacco Product use in any area in which such Smoking or Tobacco Product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. (c) This Article shall apply only to smoking in a Recreational Area as defined by this Article. Smoking in other outdoor or unenclosed areas is regulated by Article 7-36 of this Code. Smoking in enclosed places is regulated by Article 7-35 of this Code. Section 2. Severance Clause. It is the intent of the City Council of the City of Saratoga to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and first reading waived at the regular meeting of the City Council of the City of Saratoga held on October 6, 2010, and was adopted by the following vote following a second reading on October 20, 2010: COUNCIL MEMBERS: AYES: 62 NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Kathleen King, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 63 1 Exhibit A ARTICLE 7-35 - SMOKING AND TOBACCO PRODUCT USE IN OUTDOOR PLACES Sec. 7-36.010. DEFINITIONS. The following words and phrases, whenever used in this article shall have the meanings defined in this section unless the context clearly requires otherwise: (a) “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. (b) “Common Area” means every Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas. (c) “Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an Employee, and which is designed, established, or regularly used for consuming food or drink. (d) “Employee” means any Person who is employed or retained as an independent contractor by any Employer or Nonprofit Entity in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer or Nonprofit Entity. (e) “Employer” means any Business or Nonprofit Entity that retains the service of one or more Employees. (f) “Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) any type of overhead cover whether or not that cover includes vents or other openings and at least three (3) walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or (2) four (4) walls or other vertical boundaries that exceed six (6) feet in height whether or not those boundaries include vents or other openings. (g) “Multi-Unit Residence” means property containing two (2) or more Units, except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2); (2) a single-family home; and (3) a single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code sections 65852.1, 65852.150, 64 2 65852.2 or an ordinance of the City of Saratoga adopted pursuant to those sections. (h) “Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this Article. (i) “Person” means any natural person, Business, cooperative association, Nonprofit Entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies. (j) “Place of Employment” means any area under the legal or de facto control of an Employer, that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation. (k) “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. (l) “Reasonable Distance” means a distance of twenty-five (25) feet . (m) “Recreational Area” means any area, including streets and sidewalks, that is privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks. (n) “Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands. (o) “Smoke” means the gases and particles released into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, such as, for example, tobacco smoke, marijuana smoke, and crack cocaine smoke, except when the combusting material contains no tobacco and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. (p) “Smoking” means engaging in an act that generates Smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or lighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind. 65 3 (q) “Tobacco Product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (r) “Unenclosed Area” means any area that is not an Enclosed Area. (s) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long- term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. Sec. 7-36.020. PROHIBITION OF SMOKING AND TOBACCO PRODUCT USE IN UNENCLOSED AREAS (a) Smoking and the use of Tobacco Products is prohibited in the Unenclosed Areas of the following places within the City of Saratoga, except places where Smoking or the use of Tobacco Products is already prohibited by state or federal law, in which case those laws apply: (1) Recreational Areas; (2) Service Areas; (3) Dining Areas; (4) Places of Employment; (5) Common Areas, provided that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated Smoking area if the area meets all of the following criteria: (a) the area must be located at least a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this Article or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated Smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established. 66 4 (b) the area must not include, and must be at least a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes; (c) the area must be no more than ten percent (10%) of the total Unenclosed Area of the Multi-Unit Residence for which it is designated; (d) the area must have a clearly marked perimeter; (e) the area must be identified by conspicuous signs; (f) the area must be completely within an Unenclosed Area; and (g) the area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this Article or other provisions of this Code, state law, or federal law; and (6) Other Public Places. (b) Nothing in this Article prohibits any Person, Employer, or Nonprofit Entity with legal control over any property from prohibiting Smoking and Tobacco Product use on any part of such property, even if Smoking or the use of Tobacco Products is not otherwise prohibited in that area. (c) The Director of the Community Development Department or the Director’s designee shall engage in an ongoing educational program to explain and clarify the purposes and requirements of this Article, as well as providing guidance to Persons, Employers, and Nonprofit Entities about compliance. However, lack of such education shall not be a defense to a violation of this Article. Sec. 7-36.030. REASONABLE SMOKING DISTANCE REQUIRED (a) Smoking in all Unenclosed Areas is prohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while actively passing on the way to another destination and provided Smoke does not enter any Enclosed Area in which Smoking is so prohibited. (b) Smoking in Unenclosed Areas is prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited , except while actively passing on the way to another destination and provided Smoke does not enter any Unenclosed Area in which Smoking is so prohibited. (c) The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of private residential properties that are not Multi-Unit Residences. 67 5 Sec. 7-36.040. OTHER REQUIREMENTS AND PROHIBITIONS (a) No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking or the use of Tobacco Products in an area which is under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law, unless otherwise required by state or federal law. (b) No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law, including, without limitation, within a Reasonable Distance required by this article from any area in which Smoking or the use of Tobacco Products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking or the use of Tobacco Products in violation of any provision of this article. (c) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking is prohibited, including inside the perimeter of any Reasonable Distance required by this article. (d) A Person, Employer, or Nonprofit Entity that has legal or de facto control of an Unenclosed Area in which Smoking or the use of Tobacco Products is prohibited by this article shall post a clear, conspicuous and unambiguous “No Use of Tobacco Products” or “Tobacco-Free” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Sec. 7-36.030. At least one sign with the City phone number where complaints can be directed must be conspicuously posted in each place in which Smoking is prohibited. For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of Smoking or the use of Tobacco Products in violation of any other provision of this Article. (e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this article. (f) Each instance of Smoking or Tobacco Product use in violation of this article shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this article shall constitute a separate violation. 68 6 Sec. 7-36.050. PENALTIES AND ENFORCEMENT. (a) The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity. Enforcement of this Article shall be the responsibility of the City Manager. In addition, any peace officer or any enforcement officer designated by the City Manager also may enforce this Article. (b) Violations of this Article are subject to criminal enforcement as an infraction brought by the City of Saratoga, punishable in accordance with Article 3-05 of this Code. (c) Violations of this Article are subject to civil action or administrative citation brought by the City of Saratoga in accordance with Articles 3-10 and 3-30 of this Code, as applicable. (d) Causing, permitting, aiding, abetting or concealing a violation of any provision of this Article shall also constitute a violation of the article. (e) Except as otherwise provided, enforcement of this Article is at the sole discretion of the City Council of the City of Saratoga. Nothing in this article shall create a right of action in any Person against the City or its agents to compel public enforcement of this article against any private party. 69 www.phlpnet.org • talc@phlpnet.org • (510) 302-3380 Smokefree Outdoor Areas Ordinance A Model California Ordinance Regulating Smoking in Outdoor Areas (with Annotations) June 2009 Developed by the Technical Assistance Legal Center (TALC), a project of Public Health Law & Policy. This material was made possible by funds received from the California Department of Public Health, under contract #04-35336. Public Health Law & Policy is a nonprofit organization that provides legal information on matters relating to public health. The legal information provided in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state. 70 Model California Ordinance Regulating Smoking in Outdoor Areas—page 2 Technical Assistance Legal Center—June 2009 INTRODUCTION The Technical Assistance Legal Center (TALC) developed this Model Ordinance to help California cities and counties limit tobacco use and unwanted exposure to secondhand smoke in outdoor areas. As the dangers of tobacco use and secondhand smoke become increasingly well documented, one of the most important steps a community can take to protect and improve its residents’ health is to create more smokefree or tobacco-free spaces. By addressing outdoor tobacco use, this Model Ordinance also helps limit tobacco-related litter. To assist cities and counties create smokefree and tobacco-free outdoor areas, this Model Ordinance includes: • Extensive findings based on the latest scientific information documenting the health risks associated with tobacco use and exposure to secondhand tobacco smoke; • Prohibitions on smoking in outdoor places including parks and other recreational areas, restaurant patios, bus stops, public event sites, and common areas of multi-unit housing; • Optional language that can be included to prohibit all tobacco use in outdoor places; • Requirements for posting No Smoking signs; and • Robust enforcement mechanisms including the option for private individuals and organizations to enforce the no-smoking provisions of this ordinance. The Model Ordinance offers a variety of options. In some instances, blanks (e.g., [ ____ ] ) prompt you to customize the language to fit your community’s needs. In other cases, the ordinance offers you a choice of options (e.g., [ choice one / choice two ] ). Some of the ordinance options are followed by a comment that describes the legal provisions in more detail. Some degree of customization is always necessary in order to make sure that the ordinance is consistent with a community’s existing laws. Your city attorney or county counsel will likely be the best person to check this for you. The Model Ordinance is very broad and covers every conceivable outdoor space, but it can be customized to fit the specific needs of your community. Some of the comments in the Model Ordinance describe how to narrow the scope of the smoking restrictions, should that be necessary. In addition, optional language is available to broaden the scope of the ordinance to restrict not only smoking but all tobacco use. TALC has also developed a separate ordinance to create smokefree multi-unit housing by limiting smoking inside units and common areas, as well as other ordinances specifically designed to create smokefree recreational areas and beaches. Some of the areas covered by those ordinances are also included in this Model Ordinance. If you would like to adopt a comprehensive or more customized approach, some aspects of other TALC ordinances can be combined with this ordinance. If you have questions about how to adapt this ordinance for your community, please contact TALC for assistance at (510) 302-3380 or via e-mail at talc@phlpnet.org. 71 Model California Ordinance Regulating Smoking in Outdoor Areas—page 3 Technical Assistance Legal Center—June 2009 AN ORDINANCE OF THE [ CITY AMENDING THE [ ____ ] MUNICIPAL CODE TO REGULATE / COUNTY ] OF [ ____ ] SMOKING [ AND TOBACCO PRODUCT USE ] IN OUTDOOR PLACES The [ City Council of the City / Board of Supervisors of the County ] of [ ____ ] does ordain as follows: COMMENT: This is introductory boilerplate language that should be adapted to the conventional form used in the jurisdiction. SECTION I. FINDINGS. The [ City Council of the City / Board of Supervisors of the County ] of [ ____ ] hereby finds and declares as follows: WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: • Tobacco-related illness is the leading cause of preventable death in the United States,1 accounting for about 443,000 deaths each year;2 • Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth; and 3 • Some of the most common types of cancers including stomach, liver, uterine cervix, and kidney are related to tobacco use; and 4 and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: • The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke;5 1 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2008, p. 2. Available at: and www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 2 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Smoking-Attributable Mortality, Years of Potential Life Lost, and Productivity Losses — United States, 2000-2004.” Morbidity and Mortality Weekly Report, 57(45): 1226-1228, 2008. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm. 3 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 4 Leistikow B, Zubair K, et al. “Male Tobacco Smoke Load and Non-Lung Cancer Mortality Associations in Massachusetts.” BMC Cancer, 8:341, 2008. Available at: www.biomedcentral.com/1471-2407/8/341. 5 US Department of Health and Human Services, Office of the Surgeon General. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2007. Report highlights available at: www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet7.html. 72 Model California Ordinance Regulating Smoking in Outdoor Areas—page 4 Technical Assistance Legal Center—June 2009 • The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure;6 • The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and 7 and Whereas exposure to secondhand smoke causes death and disease, as evidenced by the following: • Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States;8 • Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent; and 9 • Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year; and 10 and exacerbates childhood asthma;11 and [ Include the following findings about smokeless tobacco if your community will be incorporating the optional language to create completely tobacco-free outdoor spaces. ] WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following: • Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in the user’s mouth that can become cancerous;12 6 Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: smokeless tobacco products are known www.arb.ca.gov/regact/ets2006/res0601.pdf; See California Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a “Toxic Air Contaminant.” Jan. 26, 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. 7 California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.gov/prop65/prop65_list/files/P65single081106.pdf. 8 US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet – Secondhand Smoke. 2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 9 Barnoya J and Glantz S. “Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking.” Circulation, 111: 2684-2698, 2005. Available at: www.circ.ahajournals.org/cgi/content/full/111/20/2684. 10 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 11 US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet – Secondhand Smoke. 2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 12 National Cancer Institute. Smokeless Tobacco and Cancer: Questions and Answers. 2003, p. 2. Available at: www.smokefree.gov/Docs2/SmokelessTobacco_Q&A.pdf. 73 Model California Ordinance Regulating Smoking in Outdoor Areas—page 5 Technical Assistance Legal Center—June 2009 to cause lung, larynx, esophageal, and oral cancer;13 and the regular use of snuff doubles the user’s risk of cardiovascular disease and death;14 • Prolonged use of snus, a form of smokeless tobacco, contributes to high blood pressure, a factor of cardiovascular disease, and to a higher likelihood of suffering a fatal stroke; and 15 and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: • The total annual economic burden of smoking in the United States is $193 billion;16 • From 2001-2004, the average annual health care expenditures attributable to smoking were approximately $96 billion; and 17 • The medical and other costs to nonsmokers due to exposure to secondhand smoke were estimated at over $10 billion per year in the United States in 2005; and 18 • The total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and 19 • California’s Tobacco Control Program saved the state and its residents $86 billion in health care expenditures between the year of its inception, 1989, and 2004, with savings growing yearly; and 20 and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: 13 US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 14 Hatsukami DK and Severson HH. “Oral Spit Tobacco: Addiction, Prevention, and Treatment.” Nicotine and Tobacco Research, 1(1): 21-44, 1999. 15 Karolinska Institutet. “Prolonged Use of Swedish Moist Snuff Increases Risk of Fatal Cardiovascular Disease and Stroke.” Medical News Today, November 15, 2007. Available at: www.medicalnewstoday.com/articles/88868.php. 16 Centers for Disease Control and Prevention. News Release, Slightly Lower Adult Smoking Rates. 2008. Available at: www.cdc.gov/media/pressrel/2008/r081113.htm. 17 Centers for Disease Control and Prevention. News Release, Slightly Lower Adult Smoking Rates. 2008. Available at: www.cdc.gov/media/pressrel/2008/r081113.htm. 18 Behan DF, Eriksen MP and Lin, Y. Economic Effects of Environmental Tobacco Smoke. Schaumburg, IL: Society of Actuaries, 2005, p. 2. Available at: www.soa.org/files/pdf/ETSReportFinalDraft(Final%203).pdf. 19 Max W, Rice DP, Zhang X, et al. The Cost of Smoking in California, 1999. Sacramento, CA: Tobacco Control Section, California Department of Health Services, 2002, p. 74. Available at: http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1026&context=ctcre. 20 Lightwood JM, Dinno A and Glantz SA. “Effect of the California Tobacco Control Program on Personal Health Care Expenditures.” PLoS Med, 5(8): e178, 2008. Available at: www.plosmedicine.org/article/info:doi/10.1371/journal.pmed.0050178. 74 Model California Ordinance Regulating Smoking in Outdoor Areas—page 6 Technical Assistance Legal Center—June 2009 • Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers;21 • Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette; and 22 • To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road; and 23 • Studies on a cruise ship have found that even while cruising at 20 knots and with unlimited air volume, outdoor smoking areas contained carcinogens in nearly the same amounts as inside the ship’s casino where smoking was allowed; and 24 and WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the following: • In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products;25 and • Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging;26 and 21 Klepeis NE, Ott WR, and Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San Francisco: University of California, San Francisco and Stanford University, 2004, p. 34, 80. Available at: http://exposurescience.org/pub/reports/Outdoor_ETS_Final.pdf; See also Klepeis NE, Ott WR and Switzer P. “Real-Time Measurement of Outdoor Tobacco Smoke Particles.” Journal of Air and Waste Management Association, 57: 522-534, 2007. Available at: www.ashaust.org.au/pdfs/OutdoorSHS0705.pdf. 22 Junker MH, Danuser B, Monn C, et al. “Acute Sensory Responses of Nonsmokers at Very Low Environmental Tobacco Smoke Concentrations in Controlled Laboratory Settings.” Environmental Health Perspectives, 109(10): 1046-1052, 2001. Available at: www.pubmedcentral.nih.gov/picrender.fcgi?artid=1242082&blobtype=pdf; Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles.” William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 23 Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles.” William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 24 Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles.” William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 25 American Association of Poison Control Centers. 2004 Annual Report of the American Association of Poison Control Centers Toxic Exposure Surveillance System. Elsevier Inc., 2004, p. 645. Available at: www.poison.org/prevent/documents/TESS%20Annual%20Report%202004.pdf. 26 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Ingestion of Cigarettes and Cigarette Butts by Children – Rhode Island, January 1994-July 1996.” Morbidity and Mortality Weekly Report, 46(06): 125-128, 1997. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm. 75 Model California Ordinance Regulating Smoking in Outdoor Areas—page 7 Technical Assistance Legal Center—June 2009 WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: • It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year;27 • Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and 28 • Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose; and 29 and WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs, as evidenced by the following: • Cities with smokefree laws see an appreciable reduction in hospital admittances for heart attacks in the months and years after such laws are passed;30 • Smoking bans help people reduce the number of cigarettes they smoke or quit altogether; and 31 • Strong smoking regulations for restaurants decrease the number of children who transition from experimenting with smoking to becoming actual smokers; and 32 and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians who are nonsmokers;33 and WHEREAS, society is becoming less tolerant and less accepting of cigarette smoking, as evidenced by the following, • A 2008 survey of California voters found that 75% thought that secondhand smoke is harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting 27 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 28 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 29 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 30 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Reduced Hospitalizations for Acute Myorcardial Infarction After Implementation of a Smoke-Free Ordinance – City of Pueblo, Colorado, 2002 – 2006.” Morbidity and Mortality Weekly Report, 57(51&52): 1373-1377, 2009. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm5751a1.htm; Glantz SA. “Meta-Analysis of the Effects of Smokefree Laws on Acute Myocardial Infarction: An Update.” Preventive Medicine, 47(4): 452-453, 2008. 31 Neighmond P. “Smoking Bans Help People Quit, Research Shows.” National Public Radio, October 25, 2007. Available at: www.npr.org/templates/story/story.php?storyId=15610995. 32 Siegel M, Albers AB, Cheng DM, et al. “Local Restaurant Smoking Regulations and the Adolescent Smoking Initiation Process: Results of a Multilevel Contexual Analysis Among Massachusetts Youth.” Archives of Pediatrics and Adolescent Medicine, 162(5): 477-483, 2008. Available at: http://archpedi.ama- assn.org/cgi/reprint/162/5/477.pdf. 33 Hong M, Barnes RL and Glantz SA. Tobacco Control in California 2003-2007: Missed Opportunities. San Francisco: Center for Tobacco Control Research and Education, 2007, p. 9. Available at: http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1074&context=ctcre. 76 Model California Ordinance Regulating Smoking in Outdoor Areas—page 8 Technical Assistance Legal Center—June 2009 smoking in outdoor public places;34 • People living in cities with strong smokefree air laws are more likely to believe smoking is not acceptable and that smokers should attempt to quit smoking; and 35 • As of 2008, there are 187 California cities and counties with local laws restricting smoking in at least one outdoor area; and 36 and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions;37 and state law prohibits smoking within 20 feet of entryways and operable windows of government buildings;38 and WHEREAS, there is no Constitutional right to smoke;39 NOW THEREFORE, it is the intent of the [ City Council / County Board of Supervisors ], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking [ and tobacco use ] around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking [ and tobacco use ] with a healthy lifestyle; and by affirming and promoting a healthy environment in and around the [ City’s / County’s ] outdoor places. SECTION II. [ Article / Chapter ] of the [ ____ ] Municipal Code is hereby amended to read as follows: Sec. [ ____ (*1) ]. DEFINITIONS. The following words and phrases, whenever used in this [ article / chapter ] shall have the meanings defined in this section unless the context clearly requires otherwise: (a) “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. (b) “Common Area” means every Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas. 34 Goodwin Simon Victoria Research. Study of California Voters’ Attitudes About Secondhand Smoke Exposure. Sacramento: Center for Tobacco Policy & Organizing, 2008, p. 1-3. Available at: www.center4tobaccopolicy.org/_files/_files/Results%20of%20SHS%20Poll%20November%202008.pdf. 35 Indiana University. News Release, Indiana University Research at American Public Health Association Meeting. October 27, 2008. Available at: http://newsinfo.iu.edu/tips/page/normal/9085.html#3. 36 California Clean Air Project, California Secondhand Smoke Policy Database, http://ccap.etr.org/index.cfm?fuseaction=policydb.home. 37 Cal. Health & Safety Code § 104495 (West 2008). 38 Cal. Gov’t Code § 7597 (West 2008). 39 Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at: http://talc.phlaw.org/pdf_files/0051.pdf. 77 Model California Ordinance Regulating Smoking in Outdoor Areas—page 9 Technical Assistance Legal Center—June 2009 [ “Common Area” means every Enclosed Area or Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas. ] COMMENT: If you would like to prohibit Smoking in all Common Areas of Multi-Unit Residences, indoors and out, you can use the bracketed alternative language for this definition. If you choose this option, please contact TALC for assistance in editing Section [_____(*2)] of this ordinance for internal consistency, i.e., ensuring that the title and relevant subsections appropriately reference Enclosed and/or Unenclosed Areas. Note that California Labor Code section 6404.5 (the state smokefree workplace law) may already prohibit Smoking in indoor Common Areas if the Multi-Unit Residence has Employees, such as maintenance workers, property managers, or others who work on-site. The definition of Common Area does not include balconies, patios, or decks of individual Units because these are not shared areas. (c) “Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an Employee, and which is designed, established, or regularly used for consuming food or drink. COMMENT: This definition covers all Dining Areas, indoors and out, but Section [____(*2)(a)] of this Model Ordinance prohibits Smoking only in outdoor Dining Areas. Smoking in indoor Dining Areas is already prohibited by state law (Labor Code section 6404.5) and possibly by your community’s local ordinances. (d) “Employee” means any Person who is employed or retained as an independent contractor by any Employer or Nonprofit Entity in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer or Nonprofit Entity. COMMENT: This definition makes clear that volunteers and independent contractors are Employees for purposes of this section. (e) “Employer” means any Business or Nonprofit Entity that retains the service of one or more Employees. (f) “Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: 78 Model California Ordinance Regulating Smoking in Outdoor Areas—page 10 Technical Assistance Legal Center—June 2009 (1) any type of overhead cover whether or not that cover includes vents or other openings and at least [ three (3) ] walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or (2) [ four (4) ] walls or other vertical boundaries that exceed [ six (6) ] feet in height whether or not those boundaries include vents or other openings. COMMENT: This definition describes “enclosed” places that are not covered by the prohibitions in this ordinance. (The definition of Unenclosed Area includes all areas that are not Enclosed Areas.) This definition is narrow so that most areas will be considered Unenclosed Areas and therefore subject to this ordinance. The number of walls and the height threshold can be customized to meet the needs of your community, and changing these numbers will affect the scope of the ordinance. Reducing the number of walls in this definition would broaden the definition of Enclosed Area, which would result in narrowing the definition of Unenclosed Area, thereby limiting the scope of the outdoor Smoking restrictions in this ordinance. An area that is partially covered by anything would be analyzed under subparagraph (1), whereas only areas that are totally uncovered would be analyzed under subparagraph (2). It can be difficult to apply Labor Code section 6404.5 to areas that are surrounded by lattice, hedges, and other nonsolid structures. For purposes of this ordinance any vertical boundary, regardless of composition, constitutes an “other vertical boundary” for application of this definition. NOTE: If the Municipal Code already has Smoking restrictions, it may contain a definition of “enclosed.” Review the Code and make any necessary modification to existing definitions and/or operative provisions to ensure consistency with the new definition. (g) “Multi-Unit Residence” means property containing two (2) or more Units [ , except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2); (2) a mobile home park; (3) a campground; (4) a marina or port; (5) a single-family home; (6) a single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code sections 65852.1, 65852.150, 65852.2 or an ordinance of the [ City / County ] adopted pursuant to those sections; and (7) ____ ] . 79 Model California Ordinance Regulating Smoking in Outdoor Areas—page 11 Technical Assistance Legal Center—June 2009 COMMENT: This definition is intended to be used in conjunction with the definition of Unit in this Model Ordinance, which makes clear that this term is limited to dwelling spaces. Because the definition of Unit is so broad and includes all types of dwelling places—from rooms in a hotel to tents at a campground—a community may want to limit the types of dwelling places covered by this Model Ordinance. The optional language provides examples of the types of exceptions that communities are likely to consider. Note that the definition of Multi-Unit Residence without any exemptions would include the following types of dwelling places: apartments, condominiums, townhomes, co-ops, and co-housing; affordable housing (for seniors, for disabled tenants, for Section 8, etc.); long-term health care facilities, assisted living facilities, hospitals, and family support facilities; hotels, motels, single room occupancy (“SRO”) facilities, dormitories, and homeless shelters; mobile home parks, campgrounds, marinas, and ports; single-family homes and single-family homes with an in-law unit. (h) “Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this [ article / chapter ]. COMMENT: This definition is broader than the IRS designation of a nonprofit organization in order to cover more informal groups and associations. (i) “Person” means any natural person, Business, cooperative association, Nonprofit Entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies. COMMENT: The Municipal Code may contain a definition of “person”; review any existing definition of “person” in the Municipal Code to determine whether to include this definition in your ordinance. This definition incorporates all entities defined as a Business in this ordinance. In addition, it includes the City and County. (j) “Place of Employment” means any area under the legal or de facto control of an Employer, that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation. 80 Model California Ordinance Regulating Smoking in Outdoor Areas—page 12 Technical Assistance Legal Center—June 2009 COMMENT: This definition is broad enough to cover all areas of a workplace, indoors and out. Section [ ____(*2)(a)] of this Model Ordinance prohibits Smoking only in the Unenclosed Areas of workplaces; if your community also wants to restrict Smoking in indoor workplaces exempted by the state smokefree workplace law (e.g., retail tobacco shops, warehouses, hotel lobbies, etc.) please contact TALC for assistance. (k) “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. COMMENT: This is a very broad definition and is intended as a “catch-all” to include all public areas that do not fall within any other definition in this Model Ordinance. This definition includes all Public Places, indoors and out, but Section [____(*2)(a)] of this Model Ordinance prohibits Smoking only in outdoor Public Places. This definition is also broad enough to include all streets and sidewalks, even when they are not being used as an event site or to provide a service to the public. Section [____(*2(a)(6)] contains optional language that can be used to exclude streets and sidewalks from most Smoking restrictions. (l) “Reasonable Distance” means a distance of [ twenty-five (25 ) ] feet in any direction from an area in which Smoking is prohibited. COMMENT: The number of feet constituting Reasonable Distance can be changed to ensure a sufficient buffer from drifting Smoke. (m) “Recreational Area” means any area [ , including streets and sidewalks, ] that is [ publicly or privately owned / owned or operated by the [ City / County of ______ ] ] and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches. COMMENT: This definition can apply to all recreational areas that are open to the general public, whether on public or private land. If the community wants to limit the reach of the ordinance to only include publicly owned or operated recreational facilities, then select the phrase “owned or operated by the City / County of ____”. This definition can also be expanded to encompass streets and sidewalks that are used as Recreational Areas by adding the optional bracketed language 81 Model California Ordinance Regulating Smoking in Outdoor Areas—page 13 Technical Assistance Legal Center—June 2009 “including streets and sidewalks”. This definition includes all Recreational Areas, indoors and out, but Section [____(*2)(a)] of this Model Ordinance prohibits Smoking only in outdoor Recreational Areas. This definition includes beaches, which is not defined in this Model Ordinance. If you would like to include a separate, more specific definition of the term “beach,” please see the definition included in TALC’s “Model California Ordinance Regulating Smoking and Tobacco Use on Beaches,” available on TALC’s website at www.phlpnet.org. (n) “Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands. COMMENT: This definition includes all Service Areas, indoors and out, but Section [____(*2)(a)] of this Model Ordinance prohibits Smoking only in outdoor Service Areas. (o) “Smoke” means the gases and particles released into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, such as, for example, tobacco smoke, marijuana smoke, and crack cocaine smoke, except when the combusting material contains no tobacco and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. COMMENT: This is a special definition that is more limited than the common understanding of what “smoke” is. For example, smoke from a fireplace or a barbeque grill is not “Smoke” for the purposes of this ordinance because the smoke generated by those activities is not produced for the purpose of inhaling it. The limitation placed on “Smoke” by this definition is important to avoid unintended consequences, such as inadvertently prohibiting the burning of incense. This definition includes marijuana, but Smoking marijuana for medical purposes can be excluded from the prohibitions of this ordinance should a community decide to do so. Please contact TALC for assistance in drafting a medical marijuana exception. (p) “Smoking” means engaging in an act that generates Smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or lighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind. 82 Model California Ordinance Regulating Smoking in Outdoor Areas—page 14 Technical Assistance Legal Center—June 2009 COMMENT: This definition includes marijuana, but Smoking marijuana for medical purposes can be excluded from the prohibitions of this ordinance in some circumstances; please contact TALC for assistance. (q) “Tobacco Product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. COMMENT: This definition is written broadly to include nontraditional tobacco and nicotine products such as nicotine water and nicotine lollipops, but without interfering with the FDA’s mission of approving products intended to benefit public health, such as nicotine patches and other nicotine cessation products. (r) “Unenclosed Area” means any area that is not an Enclosed Area. COMMENT: This definition establishes the scope of the ordinance very broadly, and includes all areas that are not defined as Enclosed Areas. (s) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long- term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. COMMENT: This definition is intentionally extremely broad. It is designed to capture all conceivable “dwelling spaces” as the examples illustrate. However, because of the way that this model ordinance is designed, any limitations on the types of housing covered by the ordinance should be added to the defined term “Multi- Unit Residence” and not here. For example, some “mobile homes” in mobile home parks may be included in this definition and even cited in the examples, but nevertheless, “mobile homes” can be specifically excluded from the ordinance under the definition of “Multi-Unit Residence.” Sec. [ ____ (*2) ]. PROHIBITION OF SMOKING [ AND TOBACCO PRODUCT USE ] IN UNENCLOSED AREAS COMMENT: If a community wants to prohibit the use of all Tobacco Products in addition to Smoking, then include the optional bracketed text referring to the use of 83 Model California Ordinance Regulating Smoking in Outdoor Areas—page 15 Technical Assistance Legal Center—June 2009 Tobacco Products each time it is referenced in the ordinance. (a) Smoking [ and the use of Tobacco Products ] is prohibited in the Unenclosed Areas of the following places within the [ City / County of ____ ], except places where Smoking [ or the use of Tobacco Products ] is already prohibited by state or federal law, in which case those laws apply: COMMENT: The “except places where …” language avoids potential preemption issues by making clear that the local ordinance is not duplicative of existing law but rather “fills in” gaps in existing state or federal law. (1) Recreational Areas; (2) Service Areas; (3) Dining Areas; (4) Places of Employment; (5) Common Areas [ , provided that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated Smoking area if the area meets all of the following criteria: COMMENT: The bracketed optional language would permit landlords or property managers, for example, to locate a designated Smoking area in the outdoor portion of the Common Area of a Multi-Unit Residence. By allowing for an outdoor Smoking area, residents will have a place to go where they will not expose their family members or other residents to Smoke. (a) the area must be located a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this [ article / chapter ] or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated Smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established. COMMENT: This clause limits where a Smoking area can be located in order to prevent drifting Smoke from entering smokefree areas. As written, it includes areas on neighboring property that are designated as nonsmoking by contract (e.g., a smokefree lease term for a rental unit next to, but not a part of, the Multi-Unit Residence) and areas on neighboring property 84 Model California Ordinance Regulating Smoking in Outdoor Areas—page 16 Technical Assistance Legal Center—June 2009 designated by a property owner or lessee as nonsmoking (e.g., a neighboring business). (b) the area must not include, and must be a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes; (c) the area must be no more than [ ten percent (10%) ] of the total Unenclosed Area of the Multi-Unit Residence for which it is designated; (d) the area must have a clearly marked perimeter; (e) the area must be identified by conspicuous signs; (f) the area must be completely within an Unenclosed Area; and (g) the area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this [ article / chapter ] or other provisions of this Code, state law, or federal law ]; and (6) Other Public Places [ , when being used for a public event, including a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public / , provided that Smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this [ article / chapter ] or other law ]. COMMENT: This is a very broad restriction, which can capture all Public Places that are not otherwise specifically defined in the ordinance. If your community would like to limit the Smoking restrictions to Public Places that are being used as a public event site, include the single-underlined optional language. Your community may wish to tailor the public event description in this section to include and/or cross-reference any existing local permit ordinance requirements. This definition of Public Place is also broad enough to cover streets and sidewalks, even when those areas are not used as an event site or to provide a service to the public. If your community does want such a broad restriction, include the double-underlined optional language. Regardless of which option you include in your ordinance, Smoking on some streets and sidewalks will be restricted by the ordinance if they are within the Reasonable Distance requirement or subject to another nonsmoking law. If you would like to further customize the Smoking restrictions in your community (such as restricting Smoking in certain commercial districts or establishing “smokers’ areas”), appropriate language can be included 85 Model California Ordinance Regulating Smoking in Outdoor Areas—page 17 Technical Assistance Legal Center—June 2009 in this subsection. Please contact TALC for assistance in drafting language to fit the needs of your community. (b) Nothing in this [ article / chapter ] prohibits any Person, Employer, or Nonprofit Entity with legal control over any property from prohibiting Smoking [ and Tobacco Product use ] on any part of such property, even if Smoking [ or the use of Tobacco Products ] is not otherwise prohibited in that area. [(c) The Director of [ ] or his/her designee shall engage in an ongoing educational program to explain and clarify the purposes and requirements of this [ article / chapter ], as well as providing guidance to Persons, Employers, and Nonprofit Entities about compliance. However, lack of such education shall not be a defense to a violation of this [ article / chapter ]. ] COMMENT: This optional provision would require that the city or county provide education to those affected by this ordinance. You should identify which government official should be in charge of this program. Sec. [ ____ (*3) ]. REASONABLE SMOKING DISTANCE REQUIRED (a) Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while actively passing on the way to another destination and provided Smoke does not enter any Enclosed Area in which Smoking is prohibited. COMMENT: This creates a buffer zone around Enclosed smokefree areas, allowing Smoking only if passing through the zone. (b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited under Sec. [ ____ (*2) ] of this [ article / chapter ], except while actively passing on the way to another destination and provided Smoke does not enter any Unenclosed Area in which Smoking is prohibited. [ (c) The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of private residential properties that are not Multi-Unit Residences. ] COMMENT: Subsection (c) is optional; include it if you want to allow Smoking on private residential property that is located within the Reasonable Distance parameters. As written, subsections (a) and (b) would prohibit Smoking on private residential property, other than multi- unit housing, within twenty-five feet of an area in which Smoking is prohibited. For example, if a backyard of a private home abutted an area where Smoking is prohibited, subections (a) and (b) will prohibit Smoking in that private backyard. 86 Model California Ordinance Regulating Smoking in Outdoor Areas—page 18 Technical Assistance Legal Center—June 2009 Sec. [ ____ (*4) ]. OTHER REQUIREMENTS AND PROHIBITIONS (a) No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking [ or the use of Tobacco Products ] in an area which is under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking [ or the use of Tobacco Products ] is prohibited by law, unless otherwise required by state or federal law. COMMENT: This provision makes anyone who is in control of an area responsible for any Smoking done in violation of this and other no-smoking laws. Thus, enforcement actions can be taken against a Business, landlord, Employer, or Nonprofit Entity, in addition to the individual tobacco user, if they knowingly break the law. (b) No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking [ or the use of Tobacco Products ] is prohibited by law, including, without limitation, within a Reasonable Distance required by this [ article / chapter ] from any area in which Smoking [ or the use of Tobacco Products ] is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking [ or the use of Tobacco Products ] in violation of any provision of this [ article / chapter ]. (c) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking is prohibited, including inside the perimeter of any Reasonable Distance required by this [ article / chapter ]. (d) A Person, Employer, or Nonprofit Entity that has legal or de facto control of an Unenclosed Area in which Smoking [ or the use of Tobacco Products ] is prohibited by this [ article / chapter ] shall post a clear, conspicuous and unambiguous “No Smoking” [ or No Use of Tobacco Products ] or “Smokefree” [ or “Tobacco-Free” ] sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Sec. [ ___ (*3) ]. [ At least one sign with the [ City / County ] phone number where complaints can be directed must be conspicuously posted in each place in which Smoking is prohibited. ] For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the [ City / County ]. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of Smoking [ or the use of Tobacco Products ] in violation of any other provision of this [ article / chapter ]. COMMENT: Communities concerned about enforcement, and with the funds to print local signs, may wish to include the bracketed sentence, which requires signs to 87 Model California Ordinance Regulating Smoking in Outdoor Areas—page 19 Technical Assistance Legal Center—June 2009 have the phone number for complaints. Note that this will be more expensive than using standard signs. (e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this [ article / chapter ]. (f) Each instance of Smoking [ or Tobacco Product use ] in violation of this [ article / chapter ] shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this [ article / chapter ] shall constitute a separate violation. Sec. [ ____ (*5) ]. PENALTIES AND ENFORCEMENT. (a) The remedies provided by this [ article / chapter ] are cumulative and in addition to any other remedies available at law or in equity. COMMENT: The following provisions are designed to offer a variety of options to the drafter and to the enforcing agency. Drafters may choose to include some or all of these options. Once the ordinance is enacted, the enforcing agency will have the discretion to choose which enforcement tools to use. As a practical matter, these enforcement options would not be applied simultaneously, although multiple remedies might be used against a particularly egregious violator over time. (b) Each incident of Smoking [ or use of Tobacco Products ] in violation of this [ article / chapter ] is an infraction subject to a [ one hundred dollar ($100) ] fine [ or otherwise punishable pursuant to section ___ of this code ]. Other violations of this [ article / chapter ] may, in the discretion of the [ City Prosecutor / District Attorney ], be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of [ ____ ]. In addition, any peace officer or code enforcement official also may enforce this chapter. COMMENT: The first sentence establishes the penalty for the core type of violation: Smoking where it is prohibited. The fine amount can be modified but cannot exceed $100 for a first infraction. It is separated from the main enforcement provision that follows, so that law enforcement officers can simply write a ticket for illegal Smoking. The second sentence, sometimes called a “wobbler,” affords the prosecuting attorney discretion whether to pursue a violation as an infraction (like a parking ticket) or a misdemeanor (a crime punishable by up to a $1,000 fine and/or six months in County Jail). Alternatively, violations can be set as either an infraction or a misdemeanor in all circumstances. Misdemeanors are more serious crimes for which a jury trial is available to defendants. Fines and other criminal penalties are established by the Penal Code and are typically reflected in the general punishments provision of a local code. 88 Model California Ordinance Regulating Smoking in Outdoor Areas—page 20 Technical Assistance Legal Center—June 2009 This provision also designates a primary enforcement agency, which is recommended, but remains flexible by permitting any enforcement agency to enforce the law. (c) Violations of this [ article / chapter ] are subject to a civil action brought by the [ City / County of ____ ], punishable by a civil fine not less than [ two hundred fifty dollars ($250) ] and not exceeding [ one thousand dollars ($1,000) ] per violation. COMMENT: This provision provides civil fines for violating the ordinance. It requires that a traditional civil suit be filed by the city or county (possibly in small claims court). The fine amounts can be adjusted but cannot exceed $1,000 per violation. See California Government Code section 36901. (d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this [ article / chapter ] shall also constitute a violation of this [ article / chapter ]. COMMENT: This is standard language that is typically included in a city or county code and may be omitted if duplicative of existing code provisions. (e) Any violation of this [ article / chapter ] is hereby declared to be a nuisance. COMMENT: By expressly declaring that a violation of this ordinance is a nuisance, this provision allows enforcement of the ordinance by the city or county via the administrative nuisance abatement procedures commonly found in municipal codes. Note that this declaration merely says that violating the ordinance qualifies as a nuisance (e.g., when Smoking in a Recreational Area, the violation is the nuisance, not the Smoke). It is not the same thing as a local ordinance declaring Smoke a nuisance. Please contact TALC for more information on how a local ordinance can declare that all nonconsensual exposure to secondhand smoke is a nuisance. (f) In addition to other remedies provided by this [ article / chapter ] or by other law, any violation of this [ article / chapter ] may be remedied by a civil action brought by the [ City Attorney / County Counsel ], including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. COMMENT: It is common to provide that the local government’s lawyers may go to court to seek injunctions and other penalties in addition to fines. The express provision for injunctive relief lowers the showing required to obtain a preliminary or permanent injunction as described in IT Corp. v. County of Imperial, 35 Cal. 3d 63 (1983). 89 Model California Ordinance Regulating Smoking in Outdoor Areas—page 21 Technical Assistance Legal Center—June 2009 A public agency should think carefully about the nuisance abatement procedure it chooses in enforcing this ordinance after it is adopted. A local government may provide for treble damages for the second or subsequent nuisance abatement judgment within a two- year period, as long as the ordinance is enacted pursuant to Government Code section 38773.5. See Government Code section 38773.7. Treble damages are not available, however, under the alternative nuisance abatement procedures in Government Code section 38773.1 (nuisance abatement liens) and Health & Safety Code section 17980 (abatement of substandard buildings). Government Code section 38773.7 (authorizing treble damages) establishes a procedure for nuisance abatement where the cost of the abatement can be collected via the property tax roll as a special assessment against the property on which the violation occurs. [ (g) Except as otherwise provided, enforcement of this [ article / chapter ] is at the sole discretion of the [ City / County ]. Nothing in this [ article / chapter ] shall create a right of action in any Person against the [ City / County ] or its agents to compel public enforcement of this [ article / chapter ] against private parties. ] COMMENT: This is an optional provision, which makes clear that a City or County cannot be liable to any Person for failure to enforce the Smoking restrictions in this ordinance. (h) Any Person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this [ article / chapter ] by a landlord, Employer, Business, or Nonprofit Entity or to enjoin repeat violations of this [ article / chapter ] by an individual. COMMENT: This provision enables private citizens to go to court to seek compliance with the ordinance through an injunction (a court order to do or not do something). Money damages are not an available remedy. Because an injunction is the only remedy available, small claims court is not an appropriate venue for filing a lawsuit under this provision. Note that while a landlord, Employer, Business, or Nonprofit Entity may be sued for one violation of this ordinance, an individual can be sued only for repeat violations. This limitation is intended to address concerns about the potential for abusive lawsuits. SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. It is the intent of the [ City Council / Board of Supervisors ] of the [ City / County ] of [ ____ ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or 90 Model California Ordinance Regulating Smoking in Outdoor Areas—page 22 Technical Assistance Legal Center—June 2009 circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The [ City Council / Board of Supervisors ] of the [ City / County ] of [ ____ ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. COMMENT: This is standard language. 91 Fast Facts Morbidity and Mortality Related to Tobacco Use Worldwide, tobacco use causes more than 5 million deaths per year.1 Current trends show that tobacco use will cause more than 8 million deaths annually by 2030.1 Cigarette smoking is the leading preventable cause of death in the United States.2 In the United States, cigarette smoking is responsible for about one in five deaths annually, or about 443,000 deaths per year.3 An estimated 49,000 of these deaths are the result of secondhand smoke exposure.3 On average, smokers die 13 to 14 years earlier than nonsmokers.2 For every person who dies of a smoking-related disease, 20 more people suffer with at least one serious illness from smoking.4 Cigarette smoking increases the length of time that people live with a disability by about 2 years.5 Tobacco-Related Costs and Expenditure in the United States Annually, cigarette smoking costs more than $193 billion ($97 billion in lost productivity and $96 billion in health care expenditures).3 Health care costs associated with exposure to secondhand smoke average $10 billion annually.6 In 2005, the latest year with available data, the cigarette industry spent almost $13.4 billion, or more than $36 million per day, on advertising and promotional expenses.7 States spend less than 3% of the $24.9 billion available to them from tobacco excise taxes and tobacco industry legal settlements on preventing and controlling tobacco use.8 Investing only 17% of these funds would allow every state tobacco control program to be funded at CDC-recommended minimum levels.9 Tobacco Use in the United States Approximately 19.8% of U.S. adults (43.4 million people) are current cigarette smokers.10 Prevalence of cigarette smoking is highest among American Indians/Alaska Natives (36.4%), followed by African Americans (19.8%), whites (21.4%), Hispanics (13.3%), and Asians Smoking and Tobacco Use :: Fact Sheet :: Fast Facts :: Office on Smoking...http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm 1 of 3 7/8/2009 12:02 PM 92 [excluding Native Hawaiians and other Pacific Islanders](9.6%).10 In the United States, 20% of high school students are current cigarette smokers.11 Each day, about 1,100 persons younger than 18 years of age become regular smokers; that is, they begin smoking on a daily basis.12 Among adult smokers, 70% report that they want to quit completely,13 and more than 40% try to quit each year.9 References World Health Organization. WHO Report on the Global Tobacco Epidemic, 2008 (http://www.who.int/tobacco/mpower/en/) (http://www.cdc.gov/Other/disclaimer.html) . Geneva: World Health Organization; 2008 [accessed 2009 Mar 31]. 1. Centers for Disease Control and Prevention. Annual Smoking-Attributable Mortality, Years of Potential Life Lost, and Productivity Losses—United States, 1995–1999 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5114a2.htm) . Morbidity and Mortality Weekly Report [serial online]. 2002;51(14):300–303 [accessed 2009 Mar 31]. 2. Centers for Disease Control and Prevention. Smoking-Attributable Mortality, Years of Potential Life Lost, and Productivity Losses—United States, 2000–2004 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm) . Morbidity and Mortality Weekly Report [serial online]. 2008;57(45):1226–1228 [accessed 2009 Mar 31]. 3. Centers for Disease Control and Prevention. Cigarette Smoking-Attributable Morbidity —United States, 2000 (http://www.cdc.gov/mmwr/preview/mmwrhtml /mm5235a4.htm) . Morbidity and Mortality Weekly Report [serial online]. 2003;52(35) [accessed 2009 Mar 31]. 4. Nusselder WJ, Looman CWN, Marang-van de Mheen PJ, van de Mheen H, Mackenbachet JP. Smoking and the Compression of Morbidity. Journal of Epidemiology and Community Health. 2000;54:566–74. 5. Behan DF, Eriksen MP, Lin Y. Economic Effects of Environmental Tobacco Smoke Report (http://www.soa.org/research/life/research-economic-effect.aspx) (http://www.cdc.gov/Other/disclaimer.html) [paper on the Internet]. Schaumburg, IL: Society of Actuaries; 2005 [accessed 2009 Mar 31]. 6. Federal Trade Commission. Cigarette Report for 2004 and 2005 (http://www.ftc.gov /reports/tobacco/2007cigarette2004-2005.pdf) (http://www.cdc.gov/Other /disclaimer.html) (PDF–880 KB). Washington, DC: Federal Trade Commission; 2007 [accessed 2009 Mar 31]. 7. Campaign for Tobacco Free Kids. A Broken Promise to Our Children: The 1998 State Tobacco Settlement Nine Years Later (http://tobaccofreekids.org/reports/settlements /2008/fullreport.pdf) (http://www.cdc.gov/Other/disclaimer.html) (PDF–1.82 MB). Washington, DC: Campaign for Tobacco Free Kids; 2007 [updated 2007 Dec 12; accessed 2009 Mar 31]. 8. Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs—2007 (/tobacco/stateandcommunity/best_practices/index.htm) . Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; October 2007. [accessed 2009 Mar 31]. 9. Centers for Disease Control and Prevention. Cigarette Smoking Among Adults—United States, 2007 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a2.htm) . Morbidity and Mortality Weekly Report [serial online]. 2008;57(45):1221–1226 [accessed 2009 Mar 31]. 10. Centers for Disease Control and Prevention. Cigarette Use Among High School Students11. Smoking and Tobacco Use :: Fact Sheet :: Fast Facts :: Office on Smoking...http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm 2 of 3 7/8/2009 12:02 PM 93 Page last reviewed: May 29, 2009 Page last updated: May 29, 2009 Content source: Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention 1600 Clifton Rd. Atlanta, GA 30333, USA 800-CDC-INFO (800-232-4636) TTY: (888) 232-6348, 24 Hours/Every Day - cdcinfo@cdc.gov —United States, 1991–2007 (http://www.cdc.gov/mmwr/preview/mmwrhtml /mm5725a3.htm) . Morbidity and Mortality Weekly Report [serial online]. 2008;57(25):689–691 [accessed 2009 Mar 31]. Substance Abuse and Mental Health Services Administration. Results from the 2006 National Survey on Drug Use and Health (http://oas.samhsa.gov/nsduh/2k6nsduh /2k6results.pdf) (http://www.cdc.gov/Other/disclaimer.html) (PDF–1.41 MB): (Office of Applied Studies, NSDUH Series H-32, DHHS Publication No. SMA 07–4293). Rockville, MD [accessed 2009 Mar 31]. 12. Centers for Disease Control and Prevention. Cigarette Smoking Among Adults—United States, 2000 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5129a3.htm) . Morbidity and Mortality Weekly Report [serial online]. 2002;51:642–5 [accessed 2009 Mar 31]. 13. Smoking and Tobacco Use :: Fact Sheet :: Fast Facts :: Office on Smoking...http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm 3 of 3 7/8/2009 12:02 PM 94 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: One Year Extension of Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption and first extension of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending the temporary moratorium on the establishment of MMDs for one year. BACKGROUND: As reported in the November 18, 2009 Staff Report, the City of Saratoga has received several inquiries from prospective MMD operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list MMDs as a permitted use or conditionally permitted use in any zoning district. At the public hearing on November 18, 2009, the City Council heard testimony from the Community Development Director and Captain Calderone of the Santa Clara County Sheriff’s Office regarding adverse impacts associated with MMDs experienced by some local jurisdictions, including increases in loitering, burglaries and robberies, and the resulting increases in service calls to law enforcement. The City Council also heard testimony from interested citizens in favor and opposed to the establishment of MMDs in the City. After the public hearing, the Council approved an urgency ordinance adopting a 45-day moratorium on the establishment of MMDs, in order to protect the public health, safety and welfare and to provide the City time to determine whether to adopt an ordinance regulating the location or operation of MMDs. On December 16, 2009, a second public hearing was conducted extending the moratorium for ten months and 15 days to November 17, 2010. 95 DISCUSSION: The City may extend the interim moratorium on MMDs for an additional year, if the City follows the procedures of Government Code § 65858(a) and (c), which require: • Notice pursuant to Government Code § 65090. • A public hearing to address the proposed extension. • Approval of the extension by a four-fifths vote. • Findings “that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivision, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance would result in that threat to public health, safety, or welfare.” In accordance with Government Code § 65090, notice of the public hearing to consider the extension of the moratorium was published in the Saratoga News on September 21, 2010. Since adoption of the urgency ordinance, staff has begun evaluating the City’s options for regulating MMDs, as directed by the Council. Specifically, staff has commenced the following measures to alleviate the conditions that led to the adoption of the interim ordinance: • Consulting with the City Attorney regarding relevant state and federal case law on medical marijuana dispensaries and legally appropriate rules and regulations addressing medical marijuana dispensaries in the City; • Reviewing secondary sources on medical marijuana dispensaries, including, but not limited to, the California Attorney General’s August 2008 “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use;” • Collecting and reviewing medical marijuana dispensary ordinances from other California municipalities; • Researching laws and enactments in other states regarding medical marijuana; • Researching operation of existing medical marijuana dispensaries in other municipalities and counties; and • Researching options of adopting a regulatory ordinance permitting the operation of medical marijuana dispensaries or prohibiting the use. Staff expects to continue these activities during the extension of the moratorium. In addition, staff expects to prepare recommendations and related ordinances, staff reports and other documentation, as necessary, for consideration by the City Council. The City Attorney continues to monitor developments regarding legal issues that will help the city understand the framework for legally appropriate regulation. In August, 2010, the Court of Appeal for the Fourth District issued an opinion in Qualified Patients Ass’n v. City of Anaheim, Case No. G040077. Qualified Patients involves a challenge by a medical marijuana dispensary to a ban enacted by the City of Anaheim. The court of appeal held that the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.. does not preempt California state law decriminalizing marijuana for medical purposes. However, the court declined to decide whether state law preempts the City of Anaheim's ban on medical marijuana dispensaries, because it found the issue was not directly presented by the appeal. In addition to Qualified Patients, several other 96 cases relevant to the issue of the scope of cities’ authority to regulate MMDs are making their way through the state and federal courts. Accordingly, considerable legal uncertainty regarding local regulation of medical marijuana still exists, and may be resolved during the extension of the City’s moratorium. In staff’s view, the current and immediate threat to the public health, safety and welfare described in the November 18, 2009 staff report and by the Community Development Director and Captain Calderone at the November 18, 2009 public hearing continue to exist. The City’s zoning code does not contain regulations specifically addressed to MMDs, and without such regulations, any approval of an MMD could conflict with the requirements of the General Plan, zoning ordinance, forthcoming City regulations or state law, and result in irreversible land use incompatibility and adverse impacts to City residents, patients and businesses. The current moratorium will expire on November 17, 2010, unless the City Council adopts the proposed ordinance extending the moratorium. Based upon the ongoing uncertainty regarding the legal status of MMDs and their regulation by local governments, as well as evidence of the continued threat to the public health, safety and welfare of unregulated establishment of MMDs in the City, staff recommends that the City extend the temporary moratorium as authorized by Government Code 65858. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. The City Attorney has estimated legal fees to advise staff during the study at approximately $7,000.00. Failure to adopt a moratorium could require the commitment of additional police resources to deal with any criminal issues associated with MMDs. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: 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 97 and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was published in the Saratoga News on September 21, 2010. ATTACHMENTS: 1. November 18, 2009 Staff Report re: Adoption of Urgency Ordinance for Medical Marijuana Dispensaries 2. December 16, 2009 Staff Report re: Extension of Urgency Ordinance for Medical Marijuana Dispensaries 3. Urgency Ordinance Adopted November 18, 2009 and December 16, 2009 4. Proposed Urgency Ordinance Extension 98 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the establishment of medical marijuana dispensaries in order to provide the City of Saratoga with time to determine whether to adopt an ordinance regulating the location or operation of medical marijuana dispensaries. BACKGROUND: The City of Saratoga has received several inquiries from prospective medical marijuana dispensary operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list medical marijuana dispensaries as a permitted use or conditionally permitted use in any zoning district. In California, some cities that have permitted the establishment of medical marijuana dispensaries have reported adverse impacts on public health, safety, and welfare, including an increase in crimes such as loitering, illegal drug activity, burglaries, robberies and other criminal activity within and around dispensaries, as well as increased pedestrian and vehicular traffic, noise and parking violations. Some local jurisdictions also report that medical marijuana dispensaries increase demands for police response, as well as maintenance of public streets and sidewalks. Therefore, staff is proposing the adoption of an interim urgency ordinance imposing a moratorium on the approval, commencement, establishment of medical marijuana dispensaries until such time staff is able to study the issue and present recommendations to the City Council. DISCUSSION: In November 1996, California voters enacted “The Compassionate Use Act of 1996,” also known as Proposition 215, codified at Health and Safety Code Section 11362.5 et seq. Proposition 215 allows a person to cultivate and possess marijuana for medical purposes with a doctor’s recommendation without violating certain state criminal laws regarding possession or cultivation of marijuana. 99 Page 2 of 4 In October 2003, the State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, which, among other things, exempts from certain state criminal sanctions individuals engaged in collective and cooperative cultivation of medical marijuana. The Medical Marijuana Program Act went into effect on January 1, 2004. In 2008, the California Attorney General issued guidelines regarding lawful operation of cooperatives and collectives, including organizing under appropriate business forms, generating no profits and complying with state tax law and local business license requirements. The Attorney General advised that only dispensaries that comply with the recommendations in its guidelines would be protected from criminal liability under existing state law. The manufacture, distribution, or possession of marijuana is a federal criminal offense pursuant to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. The Controlled Substances Act may be enforced by federal authorities against persons possessing or using marijuana, regardless of the protections offered by the Compassionate Use Act and Medical Marijuana Program Act. However, earlier this year, the United States Attorney General announced his intention to ease enforcement of the Controlled Substances Act against medical marijuana dispensaries, and the United States Department of Justice recently issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana. The Compassionate Use Act, the Medical Marijuana Program Act and the recent pronouncements from federal prosecutors, have fostered interest in the establishment of medical marijuana dispensaries, including within the City of Saratoga and surrounding cities. Medical marijuana dispensaries have been established throughout California and the Bay Area, including in San Francisco, Oakland, and Santa Cruz. As a result of the presence of medical marijuana dispensaries, some local agencies have reported increases in illegal drug activity, illegal drug sales, robberies of persons leaving the dispensaries, loitering around dispensaries, falsely obtained identification cards, and other criminal activity. Some local agencies also report increased demands for police response, as well as maintenance of public streets and sidewalks, in areas surrounding medical marijuana dispensaries. The City of Saratoga currently does not have regulations regarding licensing for persons seeking to establish a medical marijuana dispensary. Further, the City of Saratoga Municipal Code does not specifically address the regulation or location of medical marijuana dispensaries, and a medical marijuana dispensary is not a type of use which is specifically defined in the City of Saratoga’s zoning code regulations. Based upon the experiences of other local jurisdictions and the rapidly evolving law governing medical marijuana, staff recommends that the City adopt a moratorium on medical marijuana dispensaries until staff has the opportunity to further study the issue and advise the City Council regarding options for legally appropriate and effective regulation. The scope of the study resulting from the moratorium may include, but not limited to, the following: 1. Review processes used by other cities and counties when considering applications from persons seeking to open and operate a medical marijuana dispensary; 100 Page 3 of 4 2. Determine whether to establish licensing and criminal background check processes for proposed operators and employees of a medical marijuana dispensary; 3. Decide if licensing needs to be regularly renewed; 4. Determine in which zoning districts, if any, medical marijuana dispensaries might be allowed to operate; 5. Decide whether to prohibit medical marijuana dispensaries from locating near schools or other sensitive uses; 6. Decide whether medical marijuana dispensaries should be located a minimum distance from other medical marijuana dispensaries; 7. Potential regulations regarding the operation, hours, security features, and other conditions for the operation of medical marijuana dispensaries; and 9. Other related issues. The adoption of a moratorium will give staff sufficient time to study this issue and prevent medical marijuana dispensaries from locating in the City of Saratoga until proper procedures and regulations are established. Government Code Section 65858 allows a jurisdiction to adopt a zoning ordinance that prohibits any uses that conflict with a contemplated zoning proposal that the City Council, Planning Commission, or Planning Division is considering or studying or intends to study within a reasonable time to protect the public safety, health, and welfare. The urgency ordinance requires a four-fifths vote of the City Council for adoption and shall be effective for no more than 45 days. The City Council may further extend the urgency ordinance for 10 months and 15 days after a noticed public hearing, and may subsequently extend the urgency ordinance for one additional year. Ten days prior to the expiration of the ordinance, the City must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Staff estimates that it will take 12 to 18 months to study issues related to medical marijuana dispensaries; therefore, it is likely that staff will return to the City Council with a request for a extension of the ordinance. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: 101 Page 4 of 4 Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. Failure to adopt a moratorium could require the commitment of additional staff and police resources to deal with any criminal issues associated with medical marijuana dispensaries. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Proposed Urgency Ordinance 102 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: December 16, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Extension of Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending for ten months and 15 days the temporary moratorium on the establishment of MMDs. BACKGROUND: As reported in the November 18, 2009 Staff Report, the City of Saratoga has received several inquiries from prospective MMD operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list MMDs as a permitted use or conditionally permitted use in any zoning district. At the public hearing on November 18, 2009, the City Council heard testimony from the Community Development Director and Captain Calderone of the Santa Clara County Sheriff’s Office regarding adverse impacts associated with MMDs experienced by some local jurisdictions, including increases in loitering, burglaries and robberies, and attendant increases in service calls to law enforcement. The City Council also heard testimony from interested citizens in favor and opposed to the establishment of MMDs in the City. After the public hearing, the Council approved an urgency ordinance adopting a 45-day moratorium on the establishment of MMDs, in order to protect the public health, safety and welfare and to provide the City time to determine whether to adopt an ordinance regulating the location or operation of MMDs. The November 18, 2009 City Council Staff Report is attached as Attachment 1, and the ordinance is attached as Attachment 2. DISCUSSION: The City may extend the interim moratorium on MMDs for ten months and 15 days, and subsequently for an additional year, if the City follows the procedures of Government Code § 65858(a) and (c), which require: 103 Page 2 of 4 • Notice pursuant to Government Code § 65090. • A public hearing to address the proposed extension. • Approval of the extension by a four-fifths vote. • Findings “that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivision, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance would result in that threat to public health, safety, or welfare.” In accordance with Government Code § 65090 notice of the public hearing to consider the extension of the moratorium was published in the Saratoga News on December 1, 2009. Since adoption of the urgency ordinance, staff has begun evaluating the City’s options for regulating MMDs, as directed by the Council. Specifically, staff has commenced the following measures to alleviate the conditions that led to the adoption of the interim ordinance: • Consulting with the City Attorney regarding relevant state and federal case law on medical marijuana dispensaries and legally appropriate rules and regulations addressing medical marijuana dispensaries in the City; • Reviewing secondary sources on medical marijuana dispensaries, including, but not limited to, the California Attorney General’s August 2008 “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use;” and • Collecting and reviewing medical marijuana dispensary ordinances from other California municipalities. City staff anticipates adding the following measures during the remaining period of the moratorium: • Research laws and enactments in other states regarding medical marijuana; • Research operation of existing medical marijuana dispensaries in other municipalities and counties; • Research options of adopting a regulatory ordinance permitting the operation of medical marijuana dispensaries or prohibiting the use; and • Prepare recommendations and related ordinances, staff reports and other documentation, as necessary, for consideration by the City Council. The City Attorney is still in the process of evaluating the relevant legal issues and developing guidance for legally appropriate regulation. The federal Department of Justice recently issued a memorandum encouraging U.S. attorneys in California not to spend resources enforcing the federal Controlled Substances Act against individuals who are in compliance with state medical marijuana laws; however, there is currently considerable uncertainty regarding the legal status of dispensaries and the scope of federal and state preemption with respect to local regulation of medical marijuana. A case currently pending before the Court of Appeal for the Fourth District, Qualified Patients Ass’n v. City of Anaheim, Case No. G040077, may resolve at least some of the legal issues. Qualified Patients involves a challenge by a medical marijuana dispensary to a ban enacted by the City of Anaheim. A decision in that case is expected in December 2009. In addition, the California Supreme Court recently heard oral argument in a case that invalidated portions of the Medical Marijuana Program Act (MMPA) dealing with amount limits on 104 Page 3 of 4 possession of marijuana on the grounds that it unconstitutionally amends the Compassionate Use Act, and several cases relevant to the issue of the scope of cities’ authority to regulate MMDs are making their way through the state courts. Accordingly, some of the legal uncertainty regarding local regulation of medical marijuana may be resolved during the extension of the City’s moratorium. In staff’s view, the current and immediate threat to the public health, safety and welfare described in the November 18, 2009 staff report and by the Community Development Director and Captain Calderone at the November 18, 2009 public hearing continue to exist. The City’s zoning code does not contain regulations specifically addressed to MMDs, and without such regulations, any approval of an MMD could conflict with the requirements of the General Plan, zoning ordinance, forthcoming City regulations or state law, and result in irreversible land use incompatibility and adverse impacts to City residents, patients and businesses. The 45-day moratorium will expire on January 2, 2010, unless the City Council adopts the proposed ordinance extending the moratorium (Attachment 3). Based upon the ongoing uncertainty regarding the legal status of MMDs and their regulation by local governments, as well as evidence of the continued threat to the public health, safety and welfare of unregulated establishment of MMDs in the City, staff recommends that the City extend the temporary moratorium as authorized by Government Code 65858. Staff estimates that it will take 12 to 18 months to study issues related to MMDs; therefore, it is likely that staff will return to the City Council with a request for another moratorium extension. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. The City Attorney has estimated legal fees to advise staff during the study at approximately $7,000.00. Failure to adopt a moratorium could require the commitment of additional police resources to deal with any criminal issues associated with MMDs. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: 105 Page 4 of 4 Notice of the public hearing was published in the Saratoga News on December 1, 2009 and notice of this meeting was properly posted. ATTACHMENTS: 1. November 18, 2009 Staff Report re: Adoption of Urgency Ordinance for Medical Marijuana Dispensaries 2. Urgency Ordinance Adopted November 18, 2009 3. Proposed Urgency Ordinance Extension 106 1 AN INTERIM URGENCY ORDINANCE CREATING A TEMPORY MORATORIUM RESTRICTING MEDICAL MARIJUANA DISPENSARIES FROM BEING LOCATED IN THE CITY OF SARATOGA, TO TAKE EFFECT IMMEDIATELY BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES AS FOLLOWS: WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, et seq., and entitled “The Compassionate Use Act of 1996” (“the Act”); and WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use and cultivate marijuana for medical use under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (“MMPA”), became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with the MMPA and the Act; and WHEREAS, as a result of the Act and the MMPA, individuals have established medical marijuana dispensaries in various cities in California, and WHEREAS, on June 6, 2005, the United States Supreme Court found in Gonzales v. Raich, 125 S. Ct. 2195 (2005) there to be no legally recognizable medical necessity exception under the Federal Controlled Substances Act to the prohibition of possession, use, manufacture, or distribution of marijuana under federal law, and WHEREAS, in February 2009 the U.S. Attorney General stated that federal law enforcement official would ease enforcement at medical marijuana dispensaries, and in October 2009, the U.S. Department of Justice issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana, and WHEREAS, while the experiences in the regulation and policing of medical marijuana dispensaries have varied from city to city, several California cities have reported an increase in crime, such as burglary, robbery, odor, loitering around the dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the areas immediately surrounding such medical marijuana dispensaries, and WHEREAS, The City of Saratoga has not adopted rules and regulations specifically applicable to the establishment and operation of medical marijuana dispensaries and the 107 2 lack of such controls may lead to an establishment of dispensaries and the inability for the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients or clients of such establishments, and WHEREAS, based on the lack of any consistent experience of cities statewide and in the absence of any regulatory program in the City regarding the review of the establishment and operation of medical dispensaries, the City should consider whether negative effects on the public health, safety, and welfare may occur in the City of Saratoga as a result of the operation of medical marijuana dispensaries and the lack of appropriate regulations governing the establishment and operation of such facilities, and WHEREAS, City staff requires time to evaluate the relevant issues and develop guidance for legally appropriate regulation, and WHEREAS, the establishment of, or the issuance or approval of any permit, certificate of occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City of Saratoga will result in a current and immediate threat to public health, safety and welfare in that the Saratoga Municipal Code does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City, and WHEREAS, there is no feasible alternative to satisfactorily study the potential impact identified above as well or better than the adoption of this interim urgency moratorium ordinance. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Saratoga as follows: SECTION 1. For purposes of this ordinance, “medical marijuana dispensary” means any for profit or not-for-profit facility or location, whether permanent or temporary, where the owner(s) or operator(s) intends to or does possess and distribute marijuana for any purpose. SECTION 2. For the period of this ordinance, or any extension thereof, a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located within an otherwise permitted use. No permits or authorizations for a medical marijuana dispensary shall issue while this ordinance is in effect. SECTION 3. The City Manager or his designees shall: (1) review and consider options for the regulation of medical marijuana dispensaries in the City, including, but not limited to, the development of appropriate rules and regulations governing the location and operation of such establishments in the City; (2) meet with medical patients, advocates, law enforcement representatives, and other interested parties; 108 3 and (3) provide to the City Council a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. SECTION 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Municipal Code review. SECTION 5. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code. SECTION 6. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 7. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word in this Ordinance or any part hereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of the Ordinance or any part hereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared unconstitutional. SECTION 8. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page.] 109 4 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of November, 2009, and was adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ CHUCK PAGE MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 110 CITY OF SARATOGA ORDINANCE NO ___ AN INTERIM URGENCY ORDINANCE EXTENDING THE TEMPORARY MORATORIUM RESTRICTING MEDICAL MARIJUANA DISPENSARIES FROM BEING LOCATED IN THE CITY OF SARATOGA, TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES AS FOLLOWS: WHEREAS, the possession, cultivation, possession for sale, transportation, distribution, furnishing, and giving away of marijuana is generally unlawful under California law; and WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5 et seq., and entitled “The Compassionate Use Act of 1996” (“the Act”); and WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use and cultivate marijuana for medical use under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (“MMPA”), codified at Health and Safety Code Section 11362.7 et seq., became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with the MMPA and the Act; and WHEREAS, the MMPA establishes a limited defense to criminal prosecution for qualified patients, persons with valid identification cards and primary caregivers as those terms are defined in the statute who collectively or cooperatively cultivate medical marijuana; and WHEREAS, as a result of the Act and the MMPA, individuals have established medical marijuana dispensaries in various cities in California; and WHEREAS, there is considerable uncertainty regarding the legal status of medical marijuana dispensaries and local government authority to regulate them under existing state law; and WHEREAS, in August 2010, the Court of Appeal for the Fourth District issued an opinion in Qualified Patients Ass’n v. City of Anaheim, Case No. G040077, holding that the federal Controlled Substances Act, codified at 21 USC section 801 et seq., does not preempt state law decriminalizing marijuana for medical purposes, but declining to reach the question of whether the City of Anaheim’s ban on medical marijuana dispensaries is preempted by state law; and 111 WHEREAS, litigation currently pending in the California and federal courts may resolve or clarify some of the legal issues regarding regulation of medical marijuana dispensaries; and WHEREAS, while the experiences in the regulation and policing of medical marijuana dispensaries have varied from city to city, several California cities have reported an increase in crime, such as burglary, robbery, odor, loitering around the dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the areas immediately surrounding such medical marijuana dispensaries; and WHEREAS, there are no medical marijuana dispensaries currently operating in the City, but City staff has received inquiries from several persons regarding whether such a use is permitted by the City; WHEREAS, a current and immediate threat to the public health, safety and welfare exists because the City has not adopted rules and regulations specifically applicable to the establishment and operation of MMDs and the lack of such controls may lead to the establishment of MMDs and the inability for the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients or clients of such establishments; and WHEREAS, based on the lack of any consistent experience of cities statewide and in the absence of any regulatory program in the City regarding the review of the establishment and operation of medical dispensaries, the City should consider options for regulating MMDs; and WHEREAS, on November 18, 2009, the City Council adopted by a unanimous vote an interim ordinance imposing as an urgency measure a moratorium on granting approvals and entitlements for use for medical marijuana dispensaries; and WHEREAS, on December 16, 2009, the City Council adopted by a unanimous vote an extension of that interim ordinance for a period of ten months and fifteen days; and WHEREAS, pursuant to Government Code section 65858, the interim ordinance will expire on November 17, 2010, unless extended by the Council for an additional period of one year; and WHEREAS, City staff requires additional time to evaluate the relevant issues and develop guidance for legally appropriate regulation, and WHEREAS, the establishment of, or the issuance or approval of any permit, certificate of occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City of Saratoga would result in a current and immediate threat to public health, safety and welfare in that the Saratoga City Code does not currently regulate the location and operation of medical marijuana dispensaries and does 112 not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City, and WHEREAS, this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)3 (there is no possibility that the activity in question may have a significant effect on the environment) and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated City Code review; and WHEREAS, there is no feasible alternative to satisfactorily study the potential impact identified above as well or better than the adoption of this interim urgency moratorium ordinance, in accordance with Government Code section 65858, extending the ordinance adopted December 16, 2009 until November 17, 2011, or such additional period as may subsequently be authorized by the City Council in accordance with applicable laws. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Saratoga as follows: SECTION 1. Section 6 of the interim urgency ordinance adopted by the Saratoga City Council on November 18, 2009 is hereby amended to state the following: SECTION 6. This interim urgency ordinance shall continue in effect until November 17, 2011 and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 2. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. SECTION 3. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of October 2010, and was adopted by at least a four-fifths (4/5) vote of the City Council as follows: 113 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ KATHLEEN KING MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 114 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Formation of an Economic Development Community Advisory Committee RECOMMENDED ACTION: Review report and direct Staff accordingly. REPORT SUMMARY: At the July 21st City Council meeting during Oral Communications on Non-Agenda Items a resident asked the City Council to create a committee to promote new retail establishments in the Village. Council member Chuck Page expressed interest in appointing a volunteer citizen committee to advise the Council on the issue. The City Council requested that staff agendize the item for formal discussion at a City Council meeting. DISCUSSION: The City Council may direct staff on the formation and goals of the committee. FISCAL IMPACTS: The formation of a Community Advisory Committee would require minimal staff time. A City Council member or staff could attend the meetings in an advisory capacity. Work generated from the committee would be implemented as part of the staff work program. The Brown Act would apply to an advisory committee requiring some noticing. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no Committee to work on issues related to Economic Development in the City. ALTERNATIVE ACTION: Continue to rely upon the existing Economic Development programs and activities. FOLLOW UP ACTION: 115 Page 2 of 2 As directed. 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. Notice of this meeting was published in the Saratoga Newspaper on April 20th. ATTACHMENTS: None 116 1 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2010 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson SUBJECT: Consider Legislation to Correct Underfunding of State Property Tax Equity Allocations (TEA) to Saratoga, Monte Sereno, Cupertino, and Los Altos Hills RECOMMENDED ACTION: Authorize the Mayor to appoint a two person City Council ad hoc committee to work with Monte Sereno, Cupertino, and Los Altos Hills in a collaborative effort to support legislation that would put the cities’ TEA property tax allocations on an equal footing with comparable California cities and direct staff to prepare budget amendments authorizing funding to support the legislative effort. REPORT SUMMARY: During the City Council’s September 15, 2010 meeting with Assembly member Jim Beall, he indicated that the legislature may be receptive to considering legislation that would ultimately place Saratoga, Monte Sereno, Cupertino, and Los Altos Hills on an equal footing with comparable California cities with respect to TEA property tax allocations. The recommended action would allow the City to begin working to build support for such legislation. DISCUSSION: Saratoga, Monte Sereno, Cupertino, and Los Altos Hills receive a substantially smaller share of Tax Equity Allocation (TEA) funds than all other comparable cities in California. This is due to decisions made in response to the passage of Proposition 13 in 1978. The shortfall was partially reduced by Assembly Bill 117 in 2006. Known as the TEA Legislation, the bill assured the affected cities a higher percentage of property tax revenues. In 2007 this increased funding to the City by roughly $830,000. Assembly Member Cohn sponsored the bill which resulted from a joint effort of the City of Saratoga, Santa Clara County, Cupertino, Monte Sereno and Los Altos Hills. While the TEA legislation brought greater equity to the TEA allocations, it required the cities to share with the State (through the ERAF) a greater portion of their property tax revenues than other jurisdictions. Assemblymember Beall is considering legislation what would remove this special requirement so that Saratoga and the other affected cities 117 2 would be treated the same over time as all other cities that receive TEA funding. At least one other affected city has already expressed interest in this issue. On September 21, 2010 the Cupertino City Council considered a report from its Fiscal Strategic Plan Committee as a result of the Hewlett Packard relocation to Palo Alto. One of the recommendations approved by Cupertino was direction to its City Manager to explore legislation to address this issue. Assembly Bill 117 was passed largely as a result of a strong and coordinated effort of the four affected cities working with the legislative affairs firm of Joe Gonsalves and Son in Sacramento and Greg Sellers to coordinate efforts at the local level. If Council wishes to support new TEA legislation staff recommends that the City consider using a similar approach. This would involve creating an ad hoc committee of two Council members to work with other affected cities. The City would also retain Greg Sellers and the Gonsalves firm to leverage their expertise in this area from the AB 117 effort in assisting the cities in supporting new legislation. The City would consult with Santa Clara County as well but the County’s involvement will not be as significant as in the AB 117 legislative effort because, unlike AB 117, the proposed legislation would have no effect on County revenues. FISCAL IMPACTS: If the City of Saratoga chooses to move forward with an effort to fully restore the TEA funding base using the same four city approach used in 2005-06 the costs are anticipated to be similar. Costs among the Cities were apportioned by the proportion of TEA Funds received by each City: Cupertino 52.78% Saratoga 29.75% Los Altos Hills 9.72% Monte Sereno 7.75% Costs for the legislative consultant in Sacramento was $3,000/mo, engaged in the fall preceding the legislative session through the end of the next legislative session. Costs for the local legislative consultant was $4,000/mo, engaged in the fall preceding the legislative session through the end of the next legislative session. The Local legislative consultant also received a success fee upon the passage of the legislation and signature by the Governor to be paid from the increased revenue stream. ALTERNATIVES: Provide staff with alternative direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s TEA allocations will remain unchanged. 118 3 FOLLOW UP ACTION: Mayor to appoint ad hoc committee and staff to place budget amendments on next consent calendar. The ad hoc will work with Cupertino, Monte Sereno and Los Altos Hills and staff will work to retain the Gonsalves firm and Greg Sellars (if available). ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 1. TEA Fact Sheet 119 4 Tax Equity Allocation (TEA) Santa Clara County/Los Altos Hills, Monte Sereno, Saratoga, Cupertino Fact Sheet PROBLEM When Proposition 13 passed in 1978, it froze property taxes at their current levels. This action created significant problems for cities that at the time had low property tax rates, because they couldn’t raise those rates to meet their community needs. In Santa Clara County, four cities were significantly below the average rate: Los Altos Hills, Cupertino, Saratoga and Monte Sereno. Section 98 of the California Revenue and Taxation Code was passed to correct this situation, giving qualified cities what is referred to as Tax Equity Allocation (TEA). If the County accepted trial court funding, it also had to provide at least 7% of the property tax to its cities. Impacts to ERAF created by the shift were backfilled by the state. Santa Clara County told its TEA cities that the amount of revenues the County would receive from trial court funding would not offset the amount it would lose by bringing its TEA cities up to 7%. Consequently, legislation was enacted which limited the four TEA cities in Santa Clara to just 55% of what other TEA cities in the state received. The four TEA cities in the Santa Clara County were the only cities in the state disadvantaged by this legislation. In 2006, Assembly Bill 117 repealed the 55% limit in the County of Santa Clara on Tax Equity Allocation (TEA) funding for the county's four no/low-property-tax cities. The State, however, required the cities to continue to remit the County’s ERAF rate on these funds so that the bill would have no effect on the State budget and would avoid the Appropriations Committee. THIS REQUEST The ERAF rate that the County was remitting was 47.7%, compared to the rate for the four separate cities, which ranged from 7.53% to 17.37%. Due to this difference, approximately $2.592 million in property tax dollars is still not vesting to these cities. They are being treated differently than the other TEA cities adjusted with Section 98 of the California Revenue and Tax Code. SUMMARY Legislative reallocation of scarce property tax dollars frequently leads to bitter local controversies. By repealing Santa Clara County's unique 55% limit on TEA funding, AB 117 eliminated a long-standing source of contention between the County and its four-no/low cities. The inconsistency of ERAF requirements for all TEA cities however still exists. Impacts to ERAF as a result of the shift in property tax should be automatically backfilled by the state for these last four effected cities per current law, like every other county and city in California. Staff Contact: Carol Atwood (408) 777-3226 Date: November 20, 2007 P:\SARATOGA\City Manager\TEA Issues\CC TEA Staff Repo 10-6-10 (Draft 09-29-10).doc 120