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Home My WebLink AboutPacket.pdf 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 October 15, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Recognizing October 18-24, 2009 as Teen Read Week Recommended action: Acknowledge proclamation. 2. Proclamation for CERT First Responders – Russ Sweeney and Doug McNeil Recommended action: Present commendations. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, October 21, 2009 1 3. Proclamation for “End Polio Now Day” – October 23, 2009 Recommended action: Present commendation. 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. 4. City Council Meeting Minutes – October 7, 2009 Recommended action: Approve minutes. 5. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: October 01, 2009 October 08, 2009 6. Treasurer’s Report for the Month Ended August 31, 2009 Recommended action: Review and accept the Treasurer’s Report for the month ended August 31, 2009. 7. IT Support Contract Renewal with ZAG Technical Services Recommended action: Accept report and approve renewal contract with ZAG Technical Services. 8. Motor Vehicle (MV) Resolution authorizing No Parking Recommended action: Move to adopt the Motor Vehicle Resolution authorizing No Parking on Bankmill Road PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 9. Public Hearing Amending Fee Schedule (Resolution 09-019) to Include Kevin Moran Park Recommended action: Conduct public hearing to review recommendations for proposed fee changes for Kevin Moran Park, provide direction, and approve a resolution amending the City's Fee Schedule effective for Fiscal Year 2009/10. 2 OLD BUSINESS None NEW BUSINESS 10. Proposition 1A Securitization Program Recommended action: Review Prop 1A Securitization program option, adopt resolution, and approve purchase and sale agreement to participate in the securitization program. 11. Initiation of Annexation of an approximately 39,640 (gross) square foot parcel (APN 503-13-138) located at 22215 Mount Eden Road. Recommended action: Staff recommends the City Council approve the attached Resolution thereby initiating the annexation of 22215 Mount Eden Road. 12. Adopt a Facility Use Policy for the North Campus Recommended action: Amend the existing building policies to include hours of use for the North Campus site. 13. Village Entrance Sign Recommended action: Approve design and installation of Village Entrance Sign 14. Undeveloped City Owned Property Recommended action: Accept report and provide direction to staff. 15. City Wide Program to plant 2,015 trees in Saratoga by the year 2015 Recommended action: Direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association Council Finance Committee City School Ad-Hoc Vice Mayor Kathleen King Hakone Foundation Board West Valley Flood Control Zone & Watershed Advisory Committee SSC Cities Association Executive Board SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) 3 City School Ad-Hoc Councilmember Jill Hunter Historical Foundation Library Joint Powers Association Santa Clara County Valley Water District Commission Village AdHoc Councilmember Howard Miller Chamber of Commerce KSAR Santa Clara County Emergency Council West Valley Solid Waste Joint Powers Association Council Finance Standing Committee Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee 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 Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on October 15, 2009, 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 4 Signed this 15th day of October 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Commission 11/4 Regular Meeting – Saratoga Ministerial Association 11/18 Regular Meeting – Joint Meeting with Hakone Foundation 12/1 Council Reorganization 12/2 Regular Meeting – Joint Meeting with Planning Commission 12/16 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 5 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Proclamation Recognizing October 18-24, 2009 as Teen Read Week RECOMMENDED ACTION: Acknowledge proclamation. BACKGROUND: Teen Read Week is celebrated between October 18 and 24, 2009. This year’s theme is Read beyond Reality @ Your Library, which encourages teens to read something out of this world, just for the fun of it. According to Barbara Morrow Williams, Saratoga’s Community Librarian, “As part of Saratoga Library’s celebration and kick-off of this important event to promote reading among our teens, we are officially opening its exciting new Teen Area, furnished by the Friends of the Saratoga Libraries, and led by our Teen Librarian, Lisa Pirlot and her Teen Advisory Board (TAB).” Lisa and her TAB are leading off with a special evening for middle-schoolers on October 16th from 6:15 p.m. to 12 midnight. The chaperoned evening will include good food, fun and entertainment supervised by staff and parent volunteers. The Saratoga Library plays a critical role in the education of the community’s children. Ms. Pirlot and the TAB will be present at the Council meeting to receive the proclamation on behalf of the Library. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A 6 Page 2 of 2 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment “A” – Proclamation 7 CITY OF SARATOGA PROCLAMATION DECLARING OCTOBER 18-24, 2009 AS TEEN READ WEEK IN THE CITY OF SARATOGA WHEREAS, the ability to read and process information is a basic survival skill in our global information society; and WHEREAS, the reading proficiency of teens has remained the same over the last thirty years; and WHEREAS, the number of students who can read but choose not to do so is increasing; and WHEREAS, the most effective way to improve reading skills is to read regularly and often; and WHEREAS, too few teens think reading is a valuable tool for enjoyment and relaxation as well as for schoolwork; and WHEREAS, regular daily reading for the fun of it creates the reading habit for life; and WHEREAS, parents, teachers, librarians, and all concerned adults can serve as role models by reading for fun themselves; NOW, THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim October 18-24, 2009 as Teen Read Week in the City of Saratoga, and encourage all teens to read for the fun of it! BE IT FURTHER RESOLVED that I urge all citizens to join in supporting and encouraging teens to read and to celebrate Teen Read Week. _________________________ Chuck Page, Mayor City of Saratoga 8 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation for CERT First Responders – Russ Sweeney and Doug McNeil RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: The attached commendation recognizes Saratoga resident Russ Sweeney and Los Gatos resident Doug McNeil for their assistance as first responders to an injured motorcyclist on Bohlman Road in Saratoga on September 25, 2009. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Copy of the proclamation. 9 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING CERT MEMBERS RUSS SWEENY AND DOUG MCNEIL WHEREAS, the Community Emergency response Team Program (CERT) educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations; and WHEREAS, with this concept in mind, Saratoga resident Russ Sweeny and Los Gatos resident Doug McNeil, showed tremendous leadership and citizenship on September 25, 2009, when they stopped to offer their assistance at a motorcycle accident scene on Bohlman Road in Saratoga; and WHEREAS, both Russ and Doug, along with another bystander, were the first responders to provide traffic control and first aid to the injured motorcyclist who had lost control of her motorcycle and had tumbled down a steep embankment and was lying unconscious and unresponsive; and WHEREAS, with the first aid skills provided to Russ and Doug from weeks of CERT training provided to them from Jim Yoke, Emergency Services Coordinator for the Santa Clara County Fire Department, they were able to eventually reassure the injured motorcyclist that help was on the way, assess the extent of her injuries, and relay to the approaching paramedics what the situation involved and that the accident victim was stabilized; and WHEREAS, prior to this encounter, neither Russ nor Doug knew each other; nor did they know they were both members of the Saratoga/Los Gatos CERT Program; which is a testimony to the life-saving skills that is gained by being a CERT trained member of the community. Russ completed his CERT training December 9, 2008 and Doug was a CERT graduate in the summer of 2004. WHEREAS, the Saratoga City Council is proud of the citizens who contribute their time and talent by being involved in the CERT Program to assist members of their community in all types of emergencies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize and commend citizens Russ Sweeny and Doug McNeil who showed tremendous leadership and skills at the accident scene. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of October 2009. _________________________ Chuck Page, Mayor City of Saratoga 10 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation for “End Polio Now Day” – October 23, 2009 RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes “End Polio Now Day” – October 23, 2009, a goal of the Saratoga Rotary Club and District 5170 Rotary Clubs. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Copy of the proclamation. 11 CITY OF SARATOGA PROCLAMATION RECOGNIZING “ROTARY CLUB OF SARATOGA – END OF POLIO DAY” OCTOBER 23, 2009 WHEREAS, the Rotary Club of Saratoga’s “End of Polio Day, October 23, 2009”, is a positive initiative to raise awareness and educate the citizens of Saratoga about the vital importance to eradicate Polio worldwide. Rotary brings 104 years of history to this initiative. Rotary Club members are professional community leaders who provide humanitarian service, encourage high ethical standards and help build goodwill and peace in the world. Saratoga’s Rotary Club is one of 32,000 Rotary clubs located in more than 200 countries and geographical areas, that initiate service projects to address today’s challenges, including illiteracy, disease, hunger, poverty, lack of clean water, and environmental concerns; and WHEREAS, in 1985, Rotary launched PolioPlus, a program to immunize the world’s children against polio. Rotary’s grassroots leadership volunteer support and initial funding for vaccine provided the catalyst for the World Health Assembly’s resolution in 1988 to eradicate polio worldwide. Spearheading partners of the Global Polio Eradication Initiative are the World Health Organization, Rotary International, U.S. Center for disease Control and Prevention and UNICEF; and WHEREAS, The Bill & Melinda Gates Foundation has awarded $355 million to Rotary International in the global effort to eradicate polio. $200 million is a challenge grant to Rotary and is one of the largest challenge grants ever given by the Gates Foundation and the largest received by Rotary in its 104-year history. Rotary will spend the grant in direct support of immunization activities carried out by the Global Polio Eradication Initiative; which is spearheaded by RI and its partners, the World Health Organization, the U.S. Centers for Disease Control and Prevention, and UNICEF. Rotary will distribute the funds through grants to WHO and UNICEF; and WHEREAS, Polio eradication has been Rotary’s top priority since 1985, with more than $1.2 billion contributed to the effort. At the Rotary District Conference in San Diego, California in February 2009, Bill Gates praised Rotary for providing the volunteers, advocates, and donors who have helped bring about a 99 percent decline in the number of polio cases. “The world would not be where it is without Rotary, and it won’t get where it needs to go without Rotary,” Gates said; and WHEREAS, the initiative demonstrated by the Rotary Club of Saratoga is one more community effort to invite the citizens of Saratoga to support Rotary’s goal. The world stands firmly on the threshold of victory thanks to the achievements of the last 20 years. A polio-free world will be Rotary’s ultimate gift to children everywhere. “End Polio Day, October 23, 2009” is one small step in helping Rotary achieve its goal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim “End of Polio Day” October 23, 2009. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of October 2009. _________________________ Chuck Page, Mayor City of Saratoga 12 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes – October 7, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for October 7, 2009 City Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from October 7, 2009 City Council meeting. 13 1 MINUTES SARATOGA CITY COUNCIL MEETING OCTOBER 7, 2009 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – Initiation of Litigation: Government Code Section 54956.9 (c) (2 potential cases) Singer vs. Saratoga et al (Santa Clara County Superior Court Case No. 1-08-CV-113570) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code Section 54956.8): (1 case) Property: APN No. 503-48-014 and 517-32-001 Agency Negotiators: Dave Anderson, City Manager and John Cherbone, Public Works Director MAYOR’S REPORT ON CLOSED SESSION Mayor Page stated there was no reportable information City Council held a Joint Meeting with members of the Traffic Safety Commission in the Administrative Conference Room at 6:00 p.m. Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and asked Carl Guardino, President and CEO of the Silicon Valley Leadership Group and his daughter, Jessica, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page 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 Chris Riordan, Senior Planner REPORT OF CITY CLERK ON POSTING OF AGENDA 14 Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 7, 2009, was properly posted on October 1, 2009. ORAL COMMUNICATIONS The following people requested to speak: Citizen Ray noted there was a dead tree on Highway 9 and Wescott Drive. In addition, he commented on the pollution caused by the Cupertino Cement Plant. Barry Ford spoke about the construction area on Highway 9 and Three Oaks Way. Carl Guardino, President and CEO of the Silicon Valley Leadership Group, invited council and staff to the 5th Annual Silicon Valley Turkey Trot on November 26th. Chris Landis, Marketing Manager at Akeena Solar in Los Gatos, addressed the Council regarding the Mayor’s CUP Community Challenge. Tom Moran, KSAR representative, noted that since action minutes have been approved as the minute format for Council and Planning Commission meetings and that the video tapes of these meetings would be the accurate record of said meetings, he felt it was important to inform the community of the detailed recording process and stated there are five separate DVD recordings occurring simultaneously in order to capture the proceedings of the meetings. DIRECTION TO STAFF Mayor Page asked Public Works Director John Cherbone to address the concern voiced earlier by Mr. Ford regarding the construction area at Highway 9 and Three Oaks. Director Cherbone noted that at the September 16, 2009 Council meeting, Council adopted specific areas (zones) of the city to incorporate into the Landscape and Lighting Area Districts (LLA) in order to beautify neighborhoods that were in need of landscape improvements. He added that this specific area along Highway 9 is controlled by the state and the city doesn’t have a lot of influence in those areas. He noted the first meeting regarding these zones is scheduled for October 27th and members of the Public Works department will be present to address concerns voiced by residents regarding areas that are currently not included in the LLA program. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Mitch Kane, Chair of the Traffic Safety Commission, provided an overview of the Joint Meeting with Council earlier in the evening. He noted the Commission, along with the traffic engineer reviews traffic issues brought to them by residents and makes recommendations to address those traffic issues. Mr. Kane stated the number of current traffic issues has declined by 50% since last year and noted that most of the issues pertain to speeding and navigation issues throughout the community neighborhoods. DIRECTION TO STAFF None 15 ANNOUNCEMENTS Councilmember Miller noted the holiday season is coming up quickly and children will be out of school during the holiday break. He suggested people check out the Saratoga Recreation Activity Guide for classes to enroll their children in during the breaks from school. Councilmember Nagpal announced the Sister City Celebration is scheduled for the weekend of November 6th and invited residents to participate in this historic event. She also asked Council members to contact Peter Mara, Sister City Chair, and let him know which event they will be participating in as there are numerous events scheduled. Councilmember Hunter stated that after the meeting of September 16th regarding the Landscape and Lighting District, four specific residents looked at the Landscape and Lighting area that she was assigned to and did an excellent job at cleaning up the landscape. In addition, she announced the Witchy-Walk-a-Bout on Saturday October 31st from 2 to 4 p.m. and invited everyone to attend. Mayor Page announced that as directed by the State – San Jose’s mandatory lawn watering rules became effective on August 12, 2009 and reminded people of the lawn watering rules: odd number house addresses can only water lawns on odd number days and even house number addresses can only water lawns on even number days. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL MEETING MINUTES - SEPTEMBER 16, 2009 STAFF RECOMMENDATION: Approve Minutes MILLER/KING MOVED TO APPROVE CITY COUNCIL MEETING MINUTES – SEPTEMBER 16, 2009. MOTION PASSED 5-0-0. 2. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: September 10, 2009 September 17, 2009 September 24, 2009 16 MILLER/KING MOVED TO ACCEPT ACCOUNTS PAYABLE CHECK REGISTERS FOR SEPTEMBER 10, 2009, SEPTEMBER 17, 2009 AND SEPTEMBER 24, 2009. MOTION PASSED 5-0-0. 3. TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2009 STAFF RECOMMENDATION: The City Council review and accept the Treasurer’s Report for the month ended July 31, 2009. Councilmember Miller removed this item for clarification. Councilmember Hunter inquired about the designated Koi Pond repair funds and if those funds have been used to date. Public Works Director Cherbone stated they haven’t been used as of yet, however, they will be used in the next couple months. Councilmember Hunter asked how long those designated funds are held. Director Cherbone stated five years maximum; however, some projects may take longer depending on the complexity of the project. MILLER/NAGPAL MOVED TO APPROVE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2009. MOTION PASSED 5-0-0. 4. ADOPTION OF ORDINANCE AMENDING THE ZONING REGULATIONS RELATED TO REGULATIONS FOR TOBACCO RETAILERS STAFF RECOMMENDATION: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Regulations for Tobacco Retailers. MILLER/KING MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED TO REGULATIONS FOR TOBACCO RETAILERS. MOTION PASSED 5-0-0. 5. EXTENSION OF THE CONDITIONAL USE PERMIT (CUP) REIMBURSEMENT FOR THE CHAMBER OF COMMERCE STAFF RECOMMENDATION: Approve the extension for an additional six month period ending April 7, 2009. MILLER/KING MOVED TO APPROVE THE EXTENSION FOR AN ADDITIONAL SIX MONTH PERIOD ENDING APRIL 7, 2010. MOTION PASSED 5-0-0. 6. SARATOGA LIBRARY HEATING, VENTILATING, AIR CONDITIONING (HVAC) SYSTEM RENOVATION – ADDITIONAL WORK STAFF RECOMMENDATION: 17 Approve additional Contract Change Order Authority with CIM Air, Inc in the amount of $35,000. MILLER/KING MOVED TO APPROVE ADDITIONAL CONTRACT CHANGE ORDER AUTHORITY WITH CIM AIR, IN THE AMOUNT OF $35,000. MOTION PASSED 5-0-0. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 7. PECK HERITAGE CHILDREN’S GARDEN AND SARATOGA HERITAGE CREEK TRAIL STAFF RECOMMENDATION: Receive report and provide direction to staff. Public Works Director John Cherbone presented the staff report noting the City is being asked to be the lead in acquiring or entering into a joint use agreement with the Santa Clara Valley Water District (SCVWD) for use of their property and to agree to be the “land holder” of the private parcel if private and/or grant funds can be raised for its purchase. Mayor Page invited public comment. The following people spoke on this item: Anna Peck addressed the Council noting the Peck family would like to propose a community garden, a heritage creek trail and a farm with grains and orchards on the Peck property, Buckman property adjacent to the Peck property, and the adjoining property owned by the SCVWD. Kathryn Mathewson provided a slide show presentation in support of the proposed plans. Vice Mayor King inquired as to how the funds would be raised to purchase the Buckman property next to the Peck property. Ms. Mathewson noted this could cost 2.5 million and stated the Trust for Public Land is interested in this proposal and would loan the money to secure the Buckman property, however, it would be considered a loan and would have to be repaid. Vice Mayor King also inquired how much the total project could cost. 18 Ms. Mathewson stated she was not prepared to give an overall estimate, however, it could be anywhere from 2 to 10 million – depending on the proposed themes and how extensive the themes would be, adding that it would not be a cost to the City. The following people also spoke in support of the proposed community garden: Betty Peck Lisa Christenson Jack Mallory Ann Waltonsmith noted she would like Council to give their verbal support of the proposed project, direct staff to work with the SCVWD to work out an agreement regarding the easement and to have the Parks and Recreation Commission and Trails Committee, along with staff, establish the creek trails. Denise Goldberg, Chair of the Trails Committee, noted the Buckman property combined with the water district property could provide a key connection for the trails system. Mayor Page closed the public comment. Council expressed their verbal support of the project and directed staff to continue working with the water district regarding their property easement and to determine a cost for the creek trail, including all the details so that Council has a clear understanding of the total creek cost and any legal costs to the City. In addition, Council suggested the Peck family reach out to the Saratoga/Monte Sereno Foundation for their support and assistance to help raise funds for the project. Mayor Page declared a five minute break at 8:30p.m. Mayor Page reconvened the meeting at 8:35p.m. 8. PROPOSED COMMUNITY SURVEY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Mayor Page invited public comment. No one requested to speak on this item. Mayor Page closed the public comment. Council discussed the possibility of having a regularly scheduled community survey every three or four years as a proactive approach and to build funding such as $4,000 into the annual budget so that when surveys are conducted funding would already be available. Council gave direction to include this item in the Budget Policy Review and to discuss this item at the annual Council Retreat. 19 Councilmember Hunter was not supportive of funding and conducting a community survey. 9. SOLAR & ENERGY EFFICIENCY FINANCING DISTRICTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Mayor Page opened the public comment. No one requested to speak on this item. Mayor Page closed the public comment. Council directed staff to send a Letter of Intent to the County to “opt in” to a turnkey program for funding solar and energy efficiency projects as well as a letter to ABAG; and to join the San Jose efforts to pursue grant funding. Vice Mayor King also recommended this topic be brought up at the Mayors and Managers meeting. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page – reported: Peninsula Division, League of California Cities – will be meeting on October 15th in Mountain View and there will be a presentation on Pension Reform. [Vice Mayor King announced that Mayor Page was elected to the At Large Position for the League of California Cities Peninsula Division Board of Directors.] SCC Cities Association Selection Committee – meets Thursday. Valley Transportation Authority PAC – meets Thursday. West Valley Mayors and Managers Association – [City Manager Dave Anderson noted the West Valley Mayor and Managers Association appointed Mayor Page to a 2-year term as the West Valley Cities representative on the VTA Board of Directors.] Vice Mayor Kathleen King – reported: SCC Cities Association Executive Board – has scheduled the annual holiday dinner on Thursday, December 3rd and hoped all the council members could attend; adding spouses are included. In November the Association will have a presentation by “California Forward”. Councilmember Jill Hunter – reported: Library Joint Powers Association – that only 45% of Saratoga residents have library cards and she encouraged more people to get library cards and to use their cards and check out books. She stated that of the eight library systems Saratoga receives the lowest amount of library funding due to the the low percentage of library card holders and use of cards. Historical Foundation – the plants that were removed by the Foundation at the Book-Go- Around and the Historic Museum will be replaced with Saratoga horticultural plants after the new sprinkling system has been installed. 20 Councilmember Howard Miller – reported: Council Finance Standing Committee – they have been discussing several issues: Proposition 1A Securitization item may be agendized on the next Council agenda; the quarterly financial reports and the current technical issues with the new software regarding the report writing; the aging telephone system; the IT consultant; and the Budget Policy report. Councilmember Susie Nagpal – reported: SASCC – is in the process of budget discussions regarding a donation and how they can use these funds. [City Manager Dave Anderson added that SASCC has formed an Investment Committee to establish an investment policy and that they are looking for a financial advisor regarding their portfolio.] Sister City Liaison – she attended the meeting on Monday and asked Council to let staff know as soon as possible which of the scheduled Sister City 25th Anniversary events they plan to participate in. [Councilmember Hunter noted she will participate in the Saratoga Library event and the tree planting event at the Warner Hutton house and asked staff to provide Council with more information regarding the type of tree to be planted.] CITY COUNCIL ITEMS Vice Mayor King stated flu shots are available and that people are encouraged to get their flu shots at participating drug stores. In addition, she requested staff note this information on the City Website along with a link that would go to the County website that would provide additional information on the H1N1 flu. CITY MANAGER’S REPORT City Manager Dave Anderson asked Council for permission to travel out of state during the Thanksgiving Holiday and was granted permission. ADJOURNMENT There being no additional business Mayor Page asked for a motion to adjourn. MILLER/NAGPAL MOVED TO ADJOURN THE REGULAR MEETING AT 10:00PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 21 22 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. 10/01/09 113361 113411 50 175,159.01 10/01/09 09/24/09 113360 10/08/09 113412 113477 65 174,265.43 10/08/09 10/01/09 113411 AP Date Check No. Issued to Dept.Amount 10/01/09 113377 Public Works 35,856.46 10/01/09 113398 Facility 22,529.29 10/01/09 113404 Various 30,617.22 10/08/09 113465 Public Works 27,170.00 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 10/08/09 113472 (10,756.00) PREPARED BY:DEPT. DIRECTOR: Type of Checks Date Starting Check No. Ending Check No. Total Checks Amount SARATOGA CITY COUNCIL MEETING DATE:October 21, 2009 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Checks Released Theater Counterweights Shute Mihaly & Weinberger Various Monthly Legal Service Pantechnicon, Inc CIP - Facility Project Prior Check Register The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: Guerra Construction CIP - Streets Projects Annual concrete repair Fund Purpose Bi Annual Street Sealing - Void - Reissued on ck #113477 Issued to Description Silva Grading & Paving CIP - Streets Projects October 1, 2009 October 8, 2009 Accounts Payable Accounts Payable 23 The following is a list of cash reduction by fund: Fund #AP 10/01 AP 10/08 Total 111 General 90,555.88 79,127.93 169,683.81 231 Village Lighting 2,752.06 2,752.06 232 Azule Lighting 225.42 225.42 233 Sarahills Lighting 250.28 250.28 241 Arroyo de Saratoga Landscape 255.00 255.00 242 Bonnet Way Landscape 405.00 405.00 243 Carnelian Glen 140.43 140.43 244 Cunningham/Glasgow Landscape 40.34 450.00 490.34 245 Fredericksburg Landscape 396.00 396.00 246 Greenbriar Landscape 10,593.00 10,593.00 247 Kerwin Ranch Landscape 677.06 677.06 248 Leutar Court Landscape 255.00 255.00 249 Manor Drive Landscape 54.54 480.00 534.54 251 McCartysville Landscape 17.16 17.16 252 Prides Crossing Landscape 30.55 1,344.00 1,374.55 253 Saratoga Legends Landscape 318.46 102.45 420.91 254 Sunland Park Landscape 418.22 418.22 255 Tricia Woods Landscape 20.29 135.00 155.29 271 Beauchamps Landscape 406.12 255.00 661.12 272 Bellgrove Landscape 442.87 442.87 274 Horseshoe Landscape/Lighting 336.85 336.85 275 Quito Lighting 1,090.13 495.00 1,585.13 276 Tollgate LLD 338.00 338.00 277 Village Commercial Landscape 1,024.98 401.11 1,426.09 411 CIP Street Projects 36,711.79 42,031.50 78,743.29 412 CIP Parks Projects 483.83 483.83 413 CIP Facility Projects 25,761.60 12,027.60 37,789.20 414 CIP Admin Projects 9,358.00 9,358.00 421 Tree Fine Fund 671.98 671.98 431 Grant Fund - CIP Streets 1,541.61 1,541.61 621 Office Stores Fund 39.58 1,152.39 1,191.97 622 Information Technology 70.86 10,642.63 10,713.49 623 Vehicle & Equipment Maint 11,748.10 2,961.07 14,709.17 624 Building Maintenance 301.72 301.72 632 86.05 86.05 175,159.01 174,265.43 349,424.44 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description IT Equipment Replacement 24 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 5 : 2 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 0 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 3 6 1 1 0 / 0 1 / 0 9 6 2 5 A R E N T A L C E N T E R 4 1 2 9 2 2 4 - 0 0 1 E X C A V A T O R R E N T A L 0 . 0 0 4 4 5 . 5 3 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 X E R O X M A C H I N E 0 . 0 0 1 3 . 5 3 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M E A S U R E D B U S L I N E 0 . 0 0 3 7 . 9 5 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 B O O K G O R O U N D 0 . 0 0 1 0 . 2 7 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - C M O F F I C E 0 . 0 0 1 4 . 8 2 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M P E R L I N E 0 . 0 0 1 3 . 5 3 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 A M 1 6 1 0 R A D I O 0 . 0 0 1 4 . 8 2 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 G A T E W A Y I R R I G A T I O N 0 . 0 0 1 4 . 5 2 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 6 3 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 P H O N E L I N E S & P A R K S 0 . 0 0 1 6 . 1 4 11 1 1 1 1 1 3 3 6 2 1 0 / 0 1 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S 0 . 0 0 3 0 . 3 9 TO T A L C H E C K 0 . 0 0 1 8 1 . 6 0 11 1 1 1 1 1 3 3 6 3 1 0 / 0 1 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 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 8 . 3 0 11 1 1 1 1 1 3 3 6 4 1 0 / 0 1 / 0 9 5 0 0 B R A U C H T , T H O M A S 1 1 1 F A C I L T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 3 6 5 1 0 / 0 1 / 0 9 5 0 0 C H A N G , E L L I S & C A R O L I N E 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 3 , 7 2 0 . 0 0 11 1 1 1 1 1 3 3 6 6 1 0 / 0 1 / 0 9 5 0 0 C O N K L I N , C H A R L I E 1 1 1 P R O J E C 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 3 3 6 7 1 0 / 0 1 / 0 9 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 3 2 5 . 2 6 11 1 1 1 1 1 3 3 6 7 1 0 / 0 1 / 0 9 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 1 6 2 . 2 4 11 1 1 1 1 1 3 3 6 7 1 0 / 0 1 / 0 9 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 1 6 . 8 4 11 1 1 1 1 1 3 3 6 7 1 0 / 0 1 / 0 9 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 7 9 5 . 6 0 TO T A L C H E C K 0 . 0 0 1 , 4 9 9 . 9 4 11 1 1 1 1 1 3 3 6 8 1 0 / 0 1 / 0 9 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 4 1 0 3 F I N G E R P R I N T F E E 0 . 0 0 6 4 . 0 0 11 1 1 1 1 1 3 3 6 9 1 0 / 0 1 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 1 1 1 5 3 0 1 L O C K S - L E G E N D S 0 . 0 0 1 2 0 . 7 0 11 1 1 1 1 1 3 3 6 9 1 0 / 0 1 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 1 1 1 5 3 0 1 P O R T A P O T T Y L O C K S 0 . 0 0 1 6 0 . 9 3 TO T A L C H E C K 0 . 0 0 2 8 1 . 6 3 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 8 3 . 6 5 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 4 6 . 9 2 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 3 0 . 5 6 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 4 9 2 . 9 5 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 4 0 4 . 0 2 11 1 1 1 1 1 3 3 7 0 1 0 / 0 1 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 7 9 . 2 6 TO T A L C H E C K 0 . 0 0 1 , 7 3 7 . 3 6 11 1 1 1 1 1 3 3 7 1 1 0 / 0 1 / 0 9 5 0 0 F R E E M A N , S U S A 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 0 . 0 0 11 1 1 1 1 1 3 3 7 2 1 0 / 0 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 2 0 1 L N D S C P - H W Y 9 0 7 / 0 9 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 3 3 7 2 1 0 / 0 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 2 0 1 L N D S C P - H W Y 9 0 8 / 0 9 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 3 3 7 2 1 0 / 0 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 2 0 1 L N D S C P - H W Y 9 0 9 / 0 9 0 . 0 0 3 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 1 7 0 . 0 0 11 1 1 1 1 1 3 3 7 3 1 0 / 0 1 / 0 9 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 C I T Y A P P # S U B 0 9 - 0 0 0 1 0 . 0 0 1 , 0 8 0 . 0 0 11 1 1 1 1 1 3 3 7 4 1 0 / 0 1 / 0 9 5 0 0 G O K A , E L I Z A B E T H 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 1 0 . 0 0 25 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 5 : 2 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 0 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 3 7 5 1 0 / 0 1 / 0 9 4 6 0 G O L D E N S T A T E C O M M U N I C A T I 1 1 1 5 2 0 1 R A D I O H E A D S E T 0 . 0 0 1 7 8 . 0 6 11 1 1 1 1 1 3 3 7 6 1 0 / 0 1 / 0 9 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 1 0 / 0 9 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 3 3 7 7 1 0 / 0 1 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N - C O N C R E T E 0 . 0 0 - 4 9 0 . 4 0 11 1 1 1 1 1 3 3 7 7 1 0 / 0 1 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N - C O N C R E T E 0 . 0 0 - 3 , 4 9 3 . 6 6 11 1 1 1 1 1 3 3 7 7 1 0 / 0 1 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 1 1 - 0 0 1 A N N U A L C O N C R E T E R P R 0 . 0 0 3 4 , 9 3 6 . 5 2 11 1 1 1 1 1 3 3 7 7 1 0 / 0 1 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 4 1 - 0 0 1 A N N U A L C O N C R E T E R P R 0 . 0 0 4 , 9 0 4 . 0 0 TO T A L C H E C K 0 . 0 0 3 5 , 8 5 6 . 4 6 11 1 1 1 1 1 3 3 7 8 1 0 / 0 1 / 0 9 4 8 8 H O M E D E P O T 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 3 7 . 3 9 11 1 1 1 1 1 3 3 7 9 1 0 / 0 1 / 0 9 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 S O D - C S P R I N G S P A R K 0 . 0 0 5 , 0 1 8 . 9 5 11 1 1 1 1 1 3 3 8 0 1 0 / 0 1 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 6 2 4 6 2 0 2 R E P A I R S - N C A M P U S 0 . 0 0 4 3 7 . 8 8 11 1 1 1 1 1 3 3 8 1 1 0 / 0 1 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 2 0 1 T R E E M A I N T - S A R A A V E 0 . 0 0 1 , 3 6 0 . 0 0 11 1 1 1 1 1 3 3 8 2 1 0 / 0 1 / 0 9 3 9 I N D U S T R I A L W I P E R & S U P P L 1 1 1 5 2 0 1 S U P P L I E S - R O A D M A I N T 0 . 0 0 1 5 1 . 8 1 11 1 1 1 1 1 3 3 8 3 1 0 / 0 1 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 1 1 1 8 3 0 2 S I G N S - T A S T E S A R A T O G A 0 . 0 0 1 4 3 . 3 9 11 1 1 1 1 1 3 3 8 4 1 0 / 0 1 / 0 9 5 0 0 J I M B R A N D T & M A R T H A W O L D 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 3 3 8 5 1 0 / 0 1 / 0 9 6 8 3 L I S T E N G I N E E R I N G C O M P A N Y 4 1 3 9 3 7 4 - 0 0 1 P R O F S V C 0 7 / 0 9 0 . 0 0 3 , 2 3 3 . 3 1 11 1 1 1 1 1 3 3 8 6 1 0 / 0 1 / 0 9 2 1 2 L I V I N G S T O N E , J O H N 1 1 1 4 1 0 1 A P A C O N F E R E N C E 0 . 0 0 2 5 5 . 5 2 11 1 1 1 1 1 3 3 8 7 1 0 / 0 1 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 R E P A I R S - B E L L G R O V E 0 . 0 0 8 6 . 5 0 11 1 1 1 1 1 3 3 8 7 1 0 / 0 1 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 R E P A I R S - L E G E N D S 0 . 0 0 9 5 . 1 1 TO T A L C H E C K 0 . 0 0 1 8 1 . 6 1 11 1 1 1 1 1 3 3 8 8 1 0 / 0 1 / 0 9 5 0 0 M A , A M Y 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 6 6 0 . 0 0 11 1 1 1 1 1 3 3 8 9 1 0 / 0 1 / 0 9 5 0 0 M A R S H A L L , S T E V E N A N D R E N 1 1 1 P R O J E C 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 3 3 9 0 1 0 / 0 1 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 A P P # E N V 0 8 - 0 0 0 1 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 3 9 0 1 0 / 0 1 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 A P P # 0 4 - 0 1 6 0 . 0 0 1 , 3 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 6 5 0 . 0 0 11 1 1 1 1 1 3 3 9 1 1 0 / 0 1 / 0 9 5 0 M O O R E , K A R E N 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 8 8 . 0 0 11 1 1 1 1 1 3 3 9 2 1 0 / 0 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W E E K L Y S V C 9 / 0 6 - 9 / 1 2 0 . 0 0 6 4 6 . 0 0 11 1 1 1 1 1 3 3 9 2 1 0 / 0 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W E E K L Y S V C 9 / 0 1 - 9 / 0 5 0 . 0 0 7 6 . 0 0 11 1 1 1 1 1 3 3 9 2 1 0 / 0 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W E E K L Y S V C 9 / 1 3 - 9 / 1 9 0 . 0 0 3 0 4 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 0 2 6 . 0 0 11 1 1 1 1 1 3 3 9 3 1 0 / 0 1 / 0 9 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 C O P Y P A P E R 0 . 0 0 3 9 . 5 8 11 1 1 1 1 1 3 3 9 4 1 0 / 0 1 / 0 9 1 5 6 O K I N , Y E L E N A 1 1 1 6 1 0 1 I N S T R U C T O R - B E A D I N G 0 . 0 0 5 8 . 5 0 26 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 5 : 2 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 0 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 3 9 5 1 0 / 0 1 / 0 9 5 0 0 O K U N O , A R T H U R 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 2 , 2 6 0 . 0 0 11 1 1 1 1 1 3 3 9 6 1 0 / 0 1 / 0 9 6 0 O N T R A C 1 1 1 4 1 0 1 L F A A S S O C . - 8 / 2 8 0 . 0 0 1 2 . 5 0 11 1 1 1 1 1 3 3 9 6 1 0 / 0 1 / 0 9 6 0 O N T R A C 1 1 1 5 3 0 1 S H U T E M I H A L Y - 8 / 2 7 0 . 0 0 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 7 . 5 0 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H 0 . 0 0 7 1 . 6 6 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 9 , 0 4 1 . 8 2 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 7 1 1 . 2 3 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L S 0 . 0 0 1 , 0 7 5 . 7 7 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T R E E T S 0 . 0 0 6 4 0 . 1 1 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 S E A G U L L W A Y 0 . 0 0 5 9 . 6 7 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 1 , 0 9 0 . 1 3 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H T I N G 0 . 0 0 2 2 5 . 4 2 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S L I G H T I N G 0 . 0 0 2 5 0 . 2 8 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 7 5 2 . 0 6 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 7 . 1 6 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 8 . 5 8 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 5 2 . 1 7 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 3 0 . 5 5 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E C I R C L E 0 . 0 0 3 5 6 . 3 7 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 4 5 3 0 2 H O R S E S H O E L N D S C P 0 . 0 0 9 . 1 7 11 1 1 1 1 1 3 3 9 7 1 0 / 0 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N O R T H C A M P U S 0 . 0 0 7 7 1 . 1 3 TO T A L C H E C K 0 . 0 0 1 7 , 1 6 3 . 2 8 11 1 1 1 1 1 3 3 9 8 1 0 / 0 1 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R C O U N T E R W E I G H T 0 . 0 0 5 5 . 0 0 11 1 1 1 1 1 3 3 9 8 1 0 / 0 1 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R C O U N T E R W E I G H T 0 . 0 0 5 6 . 8 5 11 1 1 1 1 1 3 3 9 8 1 0 / 0 1 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R C O U N T E R W E I G H T S 0 . 0 0 1 8 , 4 8 5 . 1 0 11 1 1 1 1 1 3 3 9 8 1 0 / 0 1 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R C O U N T E R W E I G H T S 0 . 0 0 3 , 9 3 1 . 3 4 TO T A L C H E C K 0 . 0 0 2 2 , 5 2 8 . 2 9 11 1 1 1 1 1 3 3 9 9 1 0 / 0 1 / 0 9 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 9 5 2 . 5 3 11 1 1 1 1 1 3 4 0 0 1 0 / 0 1 / 0 9 7 7 4 R & S E R E C T I O N 1 1 1 5 3 0 1 R E P A I R S - P A S E O P R E S A D A 0 . 0 0 3 9 8 . 0 0 11 1 1 1 1 1 3 4 0 1 1 0 / 0 1 / 0 9 5 0 0 S A L E E M , M O H I D E 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 , 8 4 0 . 0 0 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 1 8 1 . 4 2 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 5 , 2 3 3 . 9 1 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 9 5 3 0 2 M A N O R D R I V E 0 . 0 0 5 4 . 5 4 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 1 1 . 7 1 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 3 5 3 . 9 5 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 4 5 3 0 2 S U N L A N D P A R K 0 . 0 0 4 1 8 . 2 2 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 7 5 3 0 2 V I L L A G E C O M M E R C I A L 0 . 0 0 1 , 0 2 4 . 9 8 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 3 5 3 0 2 M I N A W A Y ( L E G E N D S ) 0 . 0 0 2 2 3 . 3 5 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M 0 . 0 0 4 0 . 3 4 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 7 5 3 0 2 K E R W I N R N C H 0 . 0 0 6 7 7 . 0 6 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 4 5 3 0 2 H O R S E S H O E D R 0 . 0 0 3 2 7 . 6 8 11 1 1 1 1 1 3 4 0 2 1 0 / 0 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 3 5 3 0 2 C A R N E L I A N G L E N 0 . 0 0 1 4 0 . 4 3 TO T A L C H E C K 0 . 0 0 8 , 6 8 7 . 5 9 11 1 1 1 1 1 3 4 0 3 1 0 / 0 1 / 0 9 5 0 0 S H A M I R Z A , M E D H I 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 0 . 0 0 27 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 5 : 2 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 0 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C C L E R K 0 . 0 0 3 , 7 2 4 . 8 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O M D E V 0 . 0 0 3 , 6 0 9 . 6 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O D E E N F 0 . 0 0 7 4 8 . 8 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - L I T I G A T I O N 0 . 0 0 3 8 . 4 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 R E S E A R C H S U B S C R I P T I O N 0 . 0 0 4 . 2 9 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F F I C E H R S 0 . 0 0 3 , 3 0 2 . 4 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B W O R K S 0 . 0 0 2 , 7 0 7 . 2 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 4 1 0 2 C T Y A T T N - A D V P L A N 0 . 0 0 3 , 1 2 9 . 6 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 O U T S I D E C O U N C I L 0 . 0 0 1 , 3 9 5 . 6 9 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 1 9 2 7 4 - 0 0 1 C E Q A D E A N Z A T R A I L 0 . 0 0 1 , 5 2 2 . 4 1 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 1 2 9 2 3 7 - 0 0 1 C E Q A K E V I N M O R A N 0 . 0 0 3 8 . 3 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C M G R / C L R K 0 . 0 0 4 , 3 6 3 . 7 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C O M D E V 0 . 0 0 1 , 5 5 5 . 4 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - L I T I G A T I O N 0 . 0 0 1 2 1 . 2 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - R E S E A R C H 0 . 0 0 9 1 . 5 3 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - O F F I C E H R S 0 . 0 0 2 4 . 5 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - P U B L I C W K S 0 . 0 0 3 , 7 2 8 . 7 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - R E C R E A T I O N 0 . 0 0 2 0 2 . 0 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 4 1 0 2 G E N L G L - A D V P L A N 0 . 0 0 2 8 9 . 5 0 11 1 1 1 1 1 3 4 0 4 1 0 / 0 1 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 1 9 1 5 2 - 0 0 2 Q U I T O R D B R I D G E S 0 . 0 0 1 9 . 2 0 TO T A L C H E C K 0 . 0 0 3 0 , 6 1 7 . 2 2 11 1 1 1 1 1 3 4 0 5 1 0 / 0 1 / 0 9 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 1 1 1 5 3 0 1 R E P A I R S - S A R A L I B R A R Y 0 . 0 0 3 2 2 . 8 7 11 1 1 1 1 1 3 4 0 6 1 0 / 0 1 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S W E E P 0 8 / 0 9 0 . 0 0 7 2 0 . 0 0 11 1 1 1 1 1 3 4 0 6 1 0 / 0 1 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S W E E P 0 7 / 0 9 0 . 0 0 7 , 4 8 9 . 0 0 11 1 1 1 1 1 3 4 0 6 1 0 / 0 1 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S W E E P 0 7 / 0 9 0 . 0 0 7 2 0 . 0 0 11 1 1 1 1 1 3 4 0 6 1 0 / 0 1 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S V C 0 8 / 0 9 0 . 0 0 7 , 4 8 9 . 0 0 TO T A L C H E C K 0 . 0 0 1 6 , 4 1 8 . 0 0 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 E N G I N E E R I N G D E P T 0 . 0 0 1 2 2 . 0 8 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 D E V E L O P M E N T D E P T 0 . 0 0 1 4 . 1 9 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 R E C R E A T I O N D E P T 0 . 0 0 1 3 8 . 1 4 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 I T Y M G R O F F I C E 0 . 0 0 6 8 . 2 4 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 I T Y C L R K O F F I C E 0 . 0 0 8 6 . 6 3 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 S V C / F I N A N C E 0 . 0 0 6 5 . 0 2 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T S E R V I C E S 0 . 0 0 7 0 . 8 6 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D - B U I L D I N G 0 . 0 0 1 1 7 . 3 7 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D - D E V E L O P M E N T 0 . 0 0 1 5 4 . 8 2 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D - C O D E C O M P L I A N C E 0 . 0 0 4 4 . 0 1 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 S T R E E T S D E P A R T M E N T 0 . 0 0 1 8 1 . 8 6 11 1 1 1 1 1 3 4 0 7 1 0 / 0 1 / 0 9 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 A R K S D E P A R T M E N T 0 . 0 0 3 0 6 . 7 6 TO T A L C H E C K 0 . 0 0 1 , 3 6 9 . 9 8 11 1 1 1 1 1 3 4 0 8 1 0 / 0 1 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 A P P # 0 4 - 0 1 6 0 . 0 0 1 , 8 1 0 . 6 0 11 1 1 1 1 1 3 4 0 9 1 0 / 0 1 / 0 9 5 0 0 X I N , G R 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 3 7 5 . 0 0 11 1 1 1 1 1 3 4 1 0 1 0 / 0 1 / 0 9 4 4 6 Z A P M A N U F A C T U R I N G , I N C 4 1 1 9 1 1 1 - 0 0 2 S I G N S - R E S T R I P I N G 0 . 0 0 8 5 5 . 3 3 11 1 1 1 1 1 3 4 1 1 1 0 / 0 1 / 0 9 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 4 1 0 1 M E D I C A L S U P P L I E S 0 . 0 0 8 8 . 0 0 28 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 5 : 2 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 0 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L C A S H A C C O U N T 0 . 0 0 1 7 5 , 1 5 9 . 0 1 TO T A L F U N D 0 . 0 0 1 7 5 , 1 5 9 . 0 1 TO T A L R E P O R T 0 . 0 0 1 7 5 , 1 5 9 . 0 1 29 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 8 : 1 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 4 1 2 ’ a n d ’ 1 1 3 4 7 7 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 1 2 1 0 / 0 8 / 0 9 3 5 A C C E N T G R A P H I C S 6 2 1 3 1 0 2 C I T Y L O G O N O T E C A R D S 0 . 0 0 3 3 8 . 5 4 11 1 1 1 1 1 3 4 1 3 1 0 / 0 8 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 5 . 7 8 11 1 1 1 1 1 3 4 1 3 1 0 / 0 8 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 8 . 7 3 TO T A L C H E C K 0 . 0 0 8 4 . 5 1 11 1 1 1 1 1 3 4 1 4 1 0 / 0 8 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 1 . 3 0 11 1 1 1 1 1 3 4 1 5 1 0 / 0 8 / 0 9 3 1 4 B A Y T E L E C O M 6 2 2 3 2 0 1 P H O N E R E P A I R S V C 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 3 4 1 6 1 0 / 0 8 / 0 9 1 3 0 C D W G , I N C 1 1 1 2 1 0 1 A C R O B A T S O F T W A R E 0 . 0 0 1 3 8 . 5 2 11 1 1 1 1 1 3 4 1 6 1 0 / 0 8 / 0 9 1 3 0 C D W G , I N C 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 3 , 9 5 4 . 8 3 11 1 1 1 1 1 3 4 1 6 1 0 / 0 8 / 0 9 1 3 0 C D W G , I N C 6 3 2 3 2 0 2 B A T T E R Y R E P L A C E M E N T 0 . 0 0 8 6 . 0 5 TO T A L C H E C K 0 . 0 0 4 , 1 7 9 . 4 0 11 1 1 1 1 1 3 4 1 7 1 0 / 0 8 / 0 9 5 0 0 C H O W , R A Y M O N D 1 1 1 6 1 0 1 R O S T E R C H A N G E 0 . 0 0 4 . 0 0 11 1 1 1 1 1 3 4 1 8 1 0 / 0 8 / 0 9 6 5 4 C I V I C A S O F T W A R E 4 1 4 9 4 1 3 - 0 0 1 W E B S I T E D E V 0 . 0 0 9 , 3 5 8 . 0 0 11 1 1 1 1 1 3 4 1 9 1 0 / 0 8 / 0 9 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 2 , 3 0 3 . 8 8 11 1 1 1 1 1 3 4 2 0 1 0 / 0 8 / 0 9 2 3 5 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 1 0 / 0 9 0 . 0 0 9 8 . 9 5 11 1 1 1 1 1 3 4 2 0 1 0 / 0 8 / 0 9 2 3 5 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 1 0 / 0 9 0 . 0 0 1 0 4 . 9 5 TO T A L C H E C K 0 . 0 0 2 0 3 . 9 0 11 1 1 1 1 1 3 4 2 1 1 0 / 0 8 / 0 9 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 1 0 / 0 9 0 . 0 0 5 4 3 . 9 0 11 1 1 1 1 1 3 4 2 2 1 0 / 0 8 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 0 9 / 0 9 0 . 0 0 8 1 3 . 8 5 11 1 1 1 1 1 3 4 2 3 1 0 / 0 8 / 0 9 7 4 1 C P R S D I S T R I C T 4 1 1 1 6 1 0 1 P D R 1 1 / 0 6 - H E N I G 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 4 2 4 1 0 / 0 8 / 0 9 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 C I T A T I O N F E E S 0 9 / 0 9 0 . 0 0 3 2 3 . 0 0 11 1 1 1 1 1 3 4 2 5 1 0 / 0 8 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 6 0 . 4 2 11 1 1 1 1 1 3 4 2 6 1 0 / 0 8 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 8 . 8 2 11 1 1 1 1 1 3 4 2 7 1 0 / 0 8 / 0 9 5 0 0 F R O E S S , R A Y 1 1 1 7 1 0 2 S U P P L I E S - E R P R E P 0 . 0 0 1 7 . 4 6 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - D A G M A R 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - S A R A A V E 0 . 0 0 1 3 2 . 8 1 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 9 / 0 9 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 0 7 / 0 9 M E D I A N S 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 8 / 0 9 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O 0 8 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O 0 7 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O 0 9 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M 0 9 / 0 9 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L S 0 7 / 0 9 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M 0 8 / 0 9 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 8 / 0 9 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 7 / 0 9 0 . 0 0 1 3 2 . 0 0 30 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 8 : 1 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 4 1 2 ’ a n d ’ 1 1 3 4 7 7 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 9 / 0 9 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 A Z U L E 0 9 / 0 9 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 A Z U L E 0 7 / 0 9 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 A Z U L E 0 8 / 0 9 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 S E A G U L L 0 8 / 0 9 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 S E A G U L L 0 7 / 0 9 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 S E A G U L L 0 9 / 0 9 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 9 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 7 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 8 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 8 / 0 9 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 7 / 0 9 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 9 / 0 9 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 9 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 7 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 8 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 8 / 0 9 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 7 / 0 9 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 9 / 0 9 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 9 / 0 9 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 7 / 0 9 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 8 / 0 9 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 8 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 7 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 9 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 9 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 7 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 8 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 8 / 0 9 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 7 / 0 9 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 9 / 0 9 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 9 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 7 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 8 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 3 4 2 9 1 0 / 0 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - A Z U L E 0 . 0 0 1 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 9 , 2 7 1 . 8 1 11 1 1 1 1 1 3 4 3 0 1 0 / 0 8 / 0 9 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 1 3 R E T E N T I O N - N C A M P U S 0 . 0 0 - 4 8 0 . 2 0 11 1 1 1 1 1 3 4 3 0 1 0 / 0 8 / 0 9 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 1 3 R E T E N T I O N - N C A M P U S 0 . 0 0 - 2 3 1 . 2 0 11 1 1 1 1 1 3 4 3 0 1 0 / 0 8 / 0 9 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 1 3 9 3 5 1 - 0 0 2 N C A M P U S 0 . 0 0 7 , 1 1 4 . 0 0 TO T A L C H E C K 0 . 0 0 6 , 4 0 2 . 6 0 11 1 1 1 1 1 3 4 3 1 1 0 / 0 8 / 0 9 4 8 4 H I G H W A Y T E C H N O L O G I E S , I N 1 1 1 8 3 0 2 T A S T E O F S A R A T O G A 0 . 0 0 2 , 3 9 5 . 0 0 11 1 1 1 1 1 3 4 3 2 1 0 / 0 8 / 0 9 7 4 7 H O U S I N G T R U S T O F S A N T A C 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 S U P P O R T 0 . 0 0 6 , 2 5 0 . 0 0 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 7 7 5 3 0 2 R E P A I R S - W I L D W O O D 0 . 0 0 1 7 4 . 7 1 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 7 7 5 3 0 2 R E P A I R S - 4 T H S T 0 . 0 0 2 2 6 . 4 0 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 2 1 9 2 1 1 - 0 0 2 P A R A M O N T D R I N S T A L L 0 . 0 0 6 7 1 . 9 8 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - W I L D W O O D 0 . 0 0 2 0 9 . 4 3 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - C C E N T E R 0 . 0 0 8 3 . 2 4 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 7 6 5 3 0 2 I R R I G A T I O N - T O L L G A T E 0 . 0 0 6 8 . 0 0 31 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 8 : 1 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 4 1 2 ’ a n d ’ 1 1 3 4 7 7 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 3 3 1 0 / 0 8 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - S A R A A V E 0 . 0 0 7 0 . 8 5 TO T A L C H E C K 0 . 0 0 1 , 5 0 4 . 6 1 11 1 1 1 1 1 3 4 3 4 1 0 / 0 8 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 M A I N T E N A N C E - N C A M P U S 0 . 0 0 9 9 0 . 0 0 11 1 1 1 1 1 3 4 3 4 1 0 / 0 8 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 M A I N T E N A N C E - S A R A A V E 0 . 0 0 2 , 4 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 4 4 0 . 0 0 11 1 1 1 1 1 3 4 3 5 1 0 / 0 8 / 0 9 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 9 / 0 9 0 . 0 0 3 3 2 . 5 0 11 1 1 1 1 1 3 4 3 6 1 0 / 0 8 / 0 9 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M R E P A I R S 0 . 0 0 1 2 0 . 0 0 11 1 1 1 1 1 3 4 3 7 1 0 / 0 8 / 0 9 5 0 0 K I M , G R 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 8 9 . 0 0 11 1 1 1 1 1 3 4 3 8 1 0 / 0 8 / 0 9 5 2 4 K I R K , R O B E R T 1 1 1 M E D R E I M B Q 1 / 1 0 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 3 4 3 9 1 0 / 0 8 / 0 9 1 0 0 K S A R 1 1 1 8 3 0 1 M T H L Y S V C 0 8 / 0 9 0 . 0 0 1 , 2 0 0 . 0 0 11 1 1 1 1 1 3 4 4 0 1 0 / 0 8 / 0 9 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 H R T R A I N I N G 1 0 / 0 1 / 0 9 0 . 0 0 1 4 . 0 8 11 1 1 1 1 1 3 4 4 1 1 0 / 0 8 / 0 9 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 G L S V C - 0 8 / 0 9 0 . 0 0 4 , 1 2 0 . 6 6 11 1 1 1 1 1 3 4 4 2 1 0 / 0 8 / 0 9 6 8 3 L I S T E N G I N E E R I N G C O M P A N Y 4 1 3 9 3 7 4 - 0 0 1 S A R A L I B R A R Y H V A C 0 . 0 0 5 , 6 2 5 . 0 0 11 1 1 1 1 1 3 4 4 3 1 0 / 0 8 / 0 9 5 0 0 L O P E Z , I S M A E L G A R C I A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 3 4 4 4 1 0 / 0 8 / 0 9 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 3 0 1 A N N U A L D U E S - G A R D N E R 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 4 4 5 1 0 / 0 8 / 0 9 5 0 0 M A I T J I A N , W E L K 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 7 4 . 0 0 11 1 1 1 1 1 3 4 4 6 1 0 / 0 8 / 0 9 5 0 0 M E Y E R , E K A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 0 9 . 0 0 11 1 1 1 1 1 3 4 4 7 1 0 / 0 8 / 0 9 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 3 4 4 8 1 0 / 0 8 / 0 9 5 5 0 M O S T D E P E N D A B L E F O U N T A I N 1 1 1 5 3 0 1 P A R T S - F O U N T A I N S 0 . 0 0 2 5 6 . 7 2 11 1 1 1 1 1 3 4 4 9 1 0 / 0 8 / 0 9 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 C O D E S V C 0 9 / 0 9 0 . 0 0 5 7 7 . 9 3 11 1 1 1 1 1 3 4 5 0 1 0 / 0 8 / 0 9 7 9 M U N I S E R V I C E S L L C 1 1 1 3 1 0 1 B U S L I C E N S E S V C 0 . 0 0 1 1 , 1 9 7 . 7 5 11 1 1 1 1 1 3 4 5 1 1 0 / 0 8 / 0 9 7 4 6 N E W C A N A A N L A N D S C A P I N G I 2 4 6 5 3 0 2 M A I N T - G R E E N B R I A R 0 . 0 0 9 , 3 7 5 . 0 0 11 1 1 1 1 1 3 4 5 2 1 0 / 0 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 8 . 1 0 11 1 1 1 1 1 3 4 5 2 1 0 / 0 8 / 0 9 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 4 0 0 . 6 9 TO T A L C H E C K 0 . 0 0 4 3 8 . 7 9 11 1 1 1 1 1 3 4 5 3 1 0 / 0 8 / 0 9 1 6 1 O N - L I N E S T R I P I N G S E R V I C E 4 1 1 9 1 1 1 - 0 0 2 S T R I P I N G S V C 0 9 / 0 9 0 . 0 0 1 4 , 8 6 1 . 5 0 11 1 1 1 1 1 3 4 5 4 1 0 / 0 8 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 1 2 . 4 2 11 1 1 1 1 1 3 4 5 4 1 0 / 0 8 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 5 0 . 8 8 TO T A L C H E C K 0 . 0 0 3 6 3 . 3 0 11 1 1 1 1 1 3 4 5 5 1 0 / 0 8 / 0 9 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 5 2 0 1 L O G O S H I R T S - S T R E E T S 0 . 0 0 1 , 4 3 7 . 0 6 32 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 8 : 1 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 4 1 2 ’ a n d ’ 1 1 3 4 7 7 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 5 6 1 0 / 0 8 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 4 1 0 2 P R I N T S - O R D E R # 9 5 3 1 4 0 0 . 0 0 4 5 4 . 4 3 11 1 1 1 1 1 3 4 5 7 1 0 / 0 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 3 5 3 0 2 M I N A W A Y 0 . 0 0 1 0 2 . 4 5 11 1 1 1 1 1 3 4 5 8 1 0 / 0 8 / 0 9 5 0 0 S A R A H Q U N S H I 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 9 5 . 0 0 11 1 1 1 1 1 3 4 5 9 1 0 / 0 8 / 0 9 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 S U P P O R T 0 . 0 0 2 , 9 1 8 . 0 0 11 1 1 1 1 1 3 4 6 0 1 0 / 0 8 / 0 9 1 0 9 S A R A T O G A F O O T H I L L C L U B 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 P A Y M E N T 0 . 0 0 3 , 3 7 5 . 0 0 11 1 1 1 1 1 3 4 6 1 1 0 / 0 8 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 5 , 2 5 0 . 0 0 11 1 1 1 1 1 3 4 6 1 1 0 / 0 8 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 4 , 5 0 0 . 0 0 11 1 1 1 1 1 3 4 6 1 1 0 / 0 8 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 2 , 0 8 6 . 0 0 TO T A L C H E C K 0 . 0 0 1 1 , 8 3 6 . 0 0 11 1 1 1 1 1 3 4 6 2 1 0 / 0 8 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E - V E H # 1 0 9 0 . 0 0 8 8 . 7 5 11 1 1 1 1 1 3 4 6 2 1 0 / 0 8 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 0 1 0 . 0 0 6 6 . 0 8 TO T A L C H E C K 0 . 0 0 1 5 4 . 8 3 11 1 1 1 1 1 3 4 6 3 1 0 / 0 8 / 0 9 7 7 8 S I L I C O N V A L L E Y A U T O G L A S 6 2 3 5 2 0 2 R E P A I R - V E H # 9 7 0 . 0 0 1 9 5 . 0 0 11 1 1 1 1 1 3 4 6 4 1 0 / 0 8 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 L G L N O T I C E - P L A N C O M 0 . 0 0 1 1 3 . 7 5 11 1 1 1 1 1 3 4 6 4 1 0 / 0 8 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 L G L N O T I C E - P L A N C O M 0 . 0 0 1 3 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 4 3 . 7 5 11 1 1 1 1 1 3 4 6 5 1 0 / 0 8 / 0 9 7 6 7 S I L V A G R A D I N G & P A V I N G 4 1 1 9 1 1 1 - 0 0 1 B I A N N U A L S E A L I N G 0 . 0 0 2 7 , 1 7 0 . 0 0 11 1 1 1 1 1 3 4 6 6 1 0 / 0 8 / 0 9 2 2 2 S K Y H A W K S S P O R T S A C A D E M Y 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 7 7 . 4 0 11 1 1 1 1 1 3 4 6 7 1 0 / 0 8 / 0 9 5 8 7 S T A T E B O A R D O F E Q U A L I Z A T 6 2 3 5 2 0 2 F U E L T A X Q 1 / 1 0 0 . 0 0 2 . 0 2 11 1 1 1 1 1 3 4 6 8 1 0 / 0 8 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E S U P P O R T 1 0 / 0 9 0 . 0 0 3 5 0 . 0 0 11 1 1 1 1 1 3 4 6 8 1 0 / 0 8 / 0 9 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 S V C 1 0 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 7 4 0 . 0 0 11 1 1 1 1 1 3 4 6 9 1 0 / 0 8 / 0 9 7 1 8 T H E M A H O N E Y C O M P A N Y 1 1 1 3 1 0 1 4 I N D E X T A B : 2 5 0 S E T S 0 . 0 0 3 0 3 . 7 2 11 1 1 1 1 1 3 4 7 0 1 0 / 0 8 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 8 3 0 2 T A S T E O F S A R A T O G A 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 3 4 7 1 1 0 / 0 8 / 0 9 5 0 0 W E R C I N S K I , M O N I C A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 9 9 . 0 0 11 1 1 1 1 1 3 4 7 2 1 0 / 0 8 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 3 , 7 9 1 . 0 0 11 1 1 1 1 1 3 4 7 2 1 0 / 0 8 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 A D U L T D A Y C A R E 0 . 0 0 6 , 9 6 5 . 0 0 11 1 1 1 1 1 3 4 7 2 V 1 0 / 0 8 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 - 3 , 7 9 1 . 0 0 11 1 1 1 1 1 3 4 7 2 V 1 0 / 0 8 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 A D U L T D A Y C A R E 0 . 0 0 - 6 , 9 6 5 . 0 0 TO T A L C H E C K 0 . 0 0 0 . 0 0 11 1 1 1 1 1 3 4 7 3 1 0 / 0 8 / 0 9 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 M A I N T E N A N C E - V E H # 1 0 1 0 . 0 0 3 0 5 . 3 4 11 1 1 1 1 1 3 4 7 4 1 0 / 0 8 / 0 9 5 0 0 W H I T E , E S S I 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 7 9 . 0 0 33 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 : 1 0 / 1 4 / 2 0 0 9 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 2 : 5 8 : 1 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 4 1 2 ’ a n d ’ 1 1 3 4 7 7 ’ AC C O U N T I N G P E R I O D : 4 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 4 7 5 1 0 / 0 8 / 0 9 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 A P P # G P A 0 9 - 0 0 0 2 0 . 0 0 6 3 1 . 2 0 11 1 1 1 1 1 3 4 7 6 1 0 / 0 8 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 Q 2 / 2 0 1 0 A D U L T D A Y C A R E 0 . 0 0 6 , 9 6 5 . 0 0 11 1 1 1 1 1 3 4 7 7 1 0 / 0 8 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 S U P P O R T Q 2 / 2 0 1 0 0 . 0 0 3 , 7 9 1 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 7 4 , 2 6 5 . 4 3 TO T A L F U N D 0 . 0 0 1 7 4 , 2 6 5 . 4 3 TO T A L R E P O R T 0 . 0 0 1 7 4 , 2 6 5 . 4 3 34 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 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 August 31, 2009 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended August 31, 2009. 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 data and analysis 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 August 31, 2009, the City had $523,661 in cash deposit at Comerica bank, and $14,416,091 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 August 31, 2009 is $14,939,753 and exceeds the minimum limit required. 35 Unrestricted Cash Comerica Bank523,661$ Deposit with LAIF14,416,091$ Total Unrestricted Cash14,939,753$ Cash Summary 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 balance as assets and liabilities are components of the fund balance (an example is that accounts payable would lower cash available to expend). Therefore, Total Unrestricted Cash is adjusted by the addition of Total Assets less Total Liabilities to arrive at Ending Fund Balance. Total Unrestricted Cash14,939,753$ Plus: Assets235,468 Less: Liabilities (1,847,913) Ending Fund Balance 13,327,307$ Adjusting Cash to Ending Fund Balance 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 36 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/09 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 8/31/09 General Undesignated Unreserved Balance750,229 (300,457) 509,609 1,138,903 - (179,522) Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,870,140 - - - - 2,870,140 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 707,380 - - - - 707,380 Designated for Environmental 613,182 - - - - 613,182 Designated for Uncollected Deposits289,454 - - - - 289,454 Designated for Mid Pen Open Space 250,000 - - - 250,000 Designated for Hillside Reserve300,000 - - - 300,000 Designated for CIP Matching Grant600,000 - - - 600,000 Designated for CIP Transfer 300,000 - - - 300,000 Designated for Economic Stability25,000 - - - 25,000 Designated for Carryforward22,000 - - - 22,000 Special Revenue Landscape/Lighting Districts359,917 (310) 228 7,264 - 352,573 CDBG Federal Grants- - - - - - SHARP Loan209,175 - - - - 209,175 Capital Project Street Projects1,926,230 74,571 32,157 17,760 - 2,015,198 Park and Trail Projects542,045 (233) - 6,739 - 535,072 Facility Improvement Projects953,833 5,371 12,546 88,382 - 883,368 Administrative Projects163,910 (1,118) - 1,518 - 161,274 Tree Fine Fund62,943 4,090 - 2,494 - 64,539 CIP Grant Fund(200,477) (66,296) - 3,794 - (270,567) Gas Tax Fund62,495 - - - - 62,495 Debt Service Library Bond 931,361 (676,728) 2,801 - 257,434 Internal Service Fund Liability/Risk Management202,872 (209,095) 62,500 2,309 - 53,968 Workers Compensation123,034 (46,686) 62,500 668 - 138,179 Office Stores Fund39,633 (1,223) 10,000 1,914 - 46,497 Information Technology Services 174,838 (43,973) 100,000 31,893 - 198,972 Equipment Maintenance56,654 (7,986) 56,250 23,619 - 81,299 Building Maintenance208,842 (31,317) 187,500 62,942 - 302,082 Equipment Replacement153,214 - 50,000 - - 203,214 Technology Replacement315,290 - 14,502 86 - 329,706 Trust/Agency Library Fund354,394 (532) - - - 353,862 KSAR - Community Access TV84,603 - 2,226 36,796 - 50,033 Total City14,840,710 (1,301,923) 1,102,819 1,427,081 - 13,327,307 37 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/09 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 8/31/09 Street Projects Traffic Safety 90,472 - - - 90,472 Highway 9 Safety Project 45,129 - - - 45,129 Annual Street Resurfacing Project 233,602 74,713 32,157 16,867 323,604 Sidewalks Annual Project 18,935 - - - 18,935 Saratoga Sunnyvale Road Resurfacing 64,972 - - - 64,972 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 115,726 - - - 115,726 Village Newsrack Enclosure23,307 - - - 23,307 Village Façade Program18,815 - - - 18,815 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair150,000 - - - 150,000 Annual Storm Drain Upgrade 246 - - - 246 Village Trees & Lights at Sidestreets25,336 - - - 25,336 Village Pedestrian Enhancement9,128 - - - 9,128 Prospect Road Median151,036 - - - 151,036 City Entrance Sign/Monument23,788 - - - 23,788 Village-Streetscape Impv 517,188 - - - 517,188 Saratoga-Sunnyvale/Gateway Sidewalk4,107 - - - 4,107 Comer Drive Retaining Wall173,003 (142) - 892 171,969 Total Street Projects 1,926,230 74,571 32,157 17,760 - 2,015,198 Parks & Trails Hakone Garden Koi Pond49,150 - - - 49,150 EL Quito Park Improvements43,905 - - - 43,905 Wildwood Park - Water Feature/Seating275 - - - 275 Historical Park Landscape33,890 - - - 33,890 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 Kevin Moran Improvements69,083 (233) - 6,739 62,110 West Valley Soccer Field(29,176) - - - (29,176) Park/Trail Repairs7,748 - - - 7,748 Trail Segment #3 Repair68,606 - - - 68,606 Teerlink Ranch Trail14,850 - - - 14,850 CIP Allocation Fund15,885 - - - 15,885 Total Parks & Trails 542,045 (233) - 6,739 - 535,072 Facility Improvements Warner Hutton House Improvements813 - - - 813 Facility Projects108,643 - - - 108,643 Civic Center Improvement4,294 (340) - - 3,954 Theater Improvement68,518 5,942 12,546 5,371 81,635 Corp Yard - Men's Restroom1,829 (126) - 1,281 423 Fire Alarm at McWilliams & Museum11,371 - - - 11,371 North Campus Improvements43,960 - - - 43,960 North Campus - Bldg Removal73,250 (105) - 1,084 72,061 Multi-Purpose Room Fund250,000 - - - 250,000 Corp Yard Solar Project93,250 - - - 93,250 Library HVAC Upgrade276,143 - - 80,646 195,497 Library - EXT Improvement10,000 - - - 10,000 McWilliams House Improvement10,000 - - - 10,000 Historical Park Fire Alarm System1,762 - - - 1,762 Total Facility Improvements 953,833 5,371 12,546 88,382 - 883,368 Administrative Projects Financial System Upgrade3,534 - - - 3,534 Document Imaging Project86,780 - - - 86,780 CDD Document Imaging Project36,635 (1,118) - 1,518 34,000 Website Development Project30,959 - - - 30,959 KSAR Equip Upgrades6,002 - - - 6,002 Total Administrative Projects 163,910 (1,118) - 1,518 - 161,274 Tree Fine Fund Tree Fine Fund 62,943 4,090 - 2,494 64,539 CIP Fund CIP Grant Fund (200,477) (66,296) - 3,794 (270,567) Gax Fund Gas Tax Fund 62,495 - - - 62,495 Total CIP Funds3,510,979 16,385 44,703 120,687 - 3,451,380 38 ATTACHMENT C 39 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Leo Salindong DIRECTOR: Mary Furey IT Analyst Finance & Administrative Services Director SUBJECT: IT Support Contract Renewal with ZAG Technical Services RECOMMENDED ACTION: Accept report and approve renewal contract with ZAG Technical Services. REPORT SUMMARY: In April 2009, the City of Saratoga signed a six month trial contract with ZAG Technical Services (ZAG) to assist staff in providing technical support for implementing current and proposed critical IT projects. Utilizing contract services to supplement staff in such projects is essential in meeting proposed needs and attaining results of the highest quality in a timely manner. Staff interviewed multiple vendors and received informal bids focusing on reliability, price, and expertise in various IT services. ZAG was selected based on the criteria and their knowledge in IT support services for government technological needs and goals. During the last six months, ZAG’s services were utilized to assist staff in completing various high priority projects while also helping to maintain server stability to minimize downtime. With more and more of our application software accessible via the internet, it is crucial that the City’s network remains stable and reliable. ZAG’s familiarity and involvement with a wide variety of server infrastructure setups provided valuable feedback and guidance for evaluating, installing, and configuring the City’s necessary server room hardware and software upgrades. Such upgrades include installing a new tape backup system to properly handle the City’s data backup duties. Important data including all electronic scanned files, department drive folders, and City database files are now backed up daily according to schedule. ZAG is continuing to work with staff in implementing the City’s new backup software in order to deploy effective backup strategies for reliable data protection. After installing the new tape backup system, ZAG recommended local documents from each desktop be transferred to a centralized server to improve the daily backup process. Previously, backup software would individually connect to each desktop on the network and back up all the 40 essential data. However, if the desktop was turned off or if connectivity between the server and desktop was lost, data would not be properly backed up for that night. With ZAG’s recommendation of migrating local documents to one centralized file storage server, nightly backups now run more efficiently by backing up only one system each night rather than fifty systems. Another project completed with ZAG’s assistance is the upgrade of the antivirus software. Staff realized the City’s current antivirus software was outdated and needed to be upgraded, and that failure to do so would result in various viruses and spyware entering the City’s network compromising the data and potentially destroying crucial information. As staff researched information on this project and gathered proper procedures for the upgrade, it became clear that the upgrade was more complex than expected due to new configuration updates between the software and server. Fortunately, ZAG had expertise with this software recently implementing it at another client location. ZAG assisted staff with the upgrade and provided information on how to configure the software to protect the City’s network from harmful viruses. In addition, ZAG examined the City’s spam firewall to ensure correct configurations and settings were in place and staff’s concerns that large amounts of spam emails were entering the network while legitimate emails were being blocked out. ZAG reviewed the firewall settings and made recommendations on how to reduce unwanted spam messages. ZAG also applied new rules to prevent legitimate emails from being tagged as spam and advised staff to monitor the firewall daily to keep up with current spam trends and changes. ZAG has also worked extensively with the City’s email server, conducting audits to the email system, and making necessary improvements to ensure server stability. All email messages now get scanned by both the City’s firewall and antivirus software before entering the network. ZAG also analyzed the email security settings within the network, as well as remote access allowed from the Internet. With proper configuration, email communication for the City has now expanded with compatibility to the latest Windows Mobile, Blackberry, and iPhone connections. ZAG is currently in the process of working with staff to properly archive city emails based on the City’s newly adopted retention policy. ZAG addressed these concerns by implementing an email archiving system that will transfer email messages away from the email server to another server for storage. The new features will prevent our email server from failing due to limited storage space and will allow for faster email search queries. Staff can now search the entire email system at once rather than search each individual mailbox, thus making Public Records requests quicker and more efficient. As staff prepares for upcoming projects focused toward increasing overall user productivity, it has become evident that certain tasks have been neglected due to limited time and resources. Microsoft releases critical Windows updates on a monthly basis repairing various security flaws within its software. Staff normally researches the updates beforehand to check compatibility issues that may occur with City specific software. As an example, Microsoft might release an update for Windows that could affect the overall performance of our Financial software system. With staff focused on other various tasks, installing updates without proper research may cause instability within the network. To help prevent such accidents from occurring, ZAG now assists 41 staff in researching Microsoft’s latest updates and verifies them on a test environment. If any issues occur during the installation in the test environment, ZAG notifies staff of the potential issue and provides recommendations to resolve the problem before network deployment. With staff time focused on daily tasks and planned upgrades, staff hopes to accomplish future projects with the assistance of ZAG’s services. Below are proposed high priority projects to be addressed this upcoming year: PENDING PROJECTS Estimated Time Estimated Cost ($165/hr) Implement new Email Archive software *Ability to save emails for future Public Records requests. *Incorporate to have in conjunction with new adopted retention policy. 20 hours $3,300 Email Server Upgrade *Upgrade email server from Exchange 2003 to Exchange 2010. *New server would provide more stability & address issues faced with current system. *Improve e-communication for the City based on the Electronic Communication Policy. 40 hours $6,600 Active Directory Upgrade *Upgrade current Active Directory from 2003 to 2008. *Properly store computer information and data securely on network and domain. *Improve current conditions of deploying software and security protocols for the City. 15 hours $2,475 Failover for City Internet Access between Primary and Backup Lines *City has a backup internet line in the event our primary line goes down. *However, to have all systems & services back online, it is a manual process of switching each server to secondary network. *Project creates automatic transfer between the lines so network will be back online in minutes. 30 hours $4,950 Trusted/Untrusted Wireless Setup At City Hall *Centralize all wireless connections to one to 20 hours $3,300 42 enhance security and protection. *Separate City network from public to allow public access if needed at City Hall. Server Room Reconfiguration *Research and install new UPS battery Backups to ensure compatibility with Emergency Power Backup project. *Assist IT staff in properly rearranging server room and racks. 10 hours $1,650 Emergency Support Services *Provides dedicated telephone support line and on-site IT support services for emergencies. *Guaranteed emergency support: 2 hour telephone response, 4 hour max dispatch of engineer to site from receipt of support call. *Provides on-site backup support to City Staff if needed. $12,000 ($3,000 per quarter) Future Potential Projects *Windows 7 Upgrade of all desktops *Remote Online Backup Services *Virtualization – Virtual Machine Servers *Disaster Recovery plan $25,725 TOTAL $60,000 FISCAL IMPACTS: ZAG Technical Services operate under an hourly service rate. For all projects, servers, and upper-tiered technical support, the rate is $165/per hour. For lower end general desktop support, ZAG charges $80/per hour. Payment of emergency support service guarantees staff dedicated access to ZAG emergency support; however standard hourly rates apply in addition based on level of support when requested. Council allocated $60,000 in the IT Services Fund budget for technical support and assistance in fiscal year 2009/10. Unused contract funding will be carried forward to Fiscal Year 2010/11. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: ZAG’s current contract will expire at the end of the month and the City will not have dedicated technical backup support if an emergency were to occur. In addition, current and future projects will continually be pushed back and delayed due to limited IT resources. 43 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: N/A 44 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolution authorizing No Parking RECOMMENDED ACTIONS: Move to adopt the Motor Vehicle Resolution authorizing No Parking on Bankmill Road REPORT SUMMARY: The City received a request from a resident to restrict parking at the corner of Bankmill Road where it meets Stoneridge Drive. Cars turning left onto Bankmill from northbound Stoneridge Drivers have poor visibility of opposing traffic traveling down Bankmill and little room to navigate around cars parked at or near the corner. The request is to prohibit parking in this area at all times. This item was brought before the Traffic Safety Commission at the September 10, 2009 meeting. It was reviewed by the Traffic Engineer and recommended by the Commission that parking be restricted for 80 feet due to the lack of visibility and potential safety hazard. It is therefore recommended that parking on both sides of Bankmill Road be designated as “No Parking Anytime”. In order to enforce the new parking restriction on Bankmill Road, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post signs. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and parking conditions would continue as is. ALTERNATIVE ACTION(S): None. 45 Page 2 of 2 FOLLOW UP ACTION(S): The signs will be posted and the Sheriff’s Office will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Memo from Fehr & Peers 2. Map 3. Motor Vehicle Resolution 46 !!!"#$%&"’( MEMORANDUM Date: October 14, 2009 To: John Cherbone, Public Works Director, City of Saratoga From: Franziska Church/Sohrab Rashid Subject: Review of On-Street Parking on Bank Mill Road at Stoneridge Drive Intersection, Saratoga, California 1025-446-1 Fehr & Peers has completed an evaluation of traffic concerns on Bank Mill Road at its intersection with Stoneridge Drive in Saratoga, California. During the September 10, 2009, Saratoga Traffic Safety Commission (TSC) meeting, a resident requested that parking be prohibited on Bank Mill Road near the Stoneridge Drive intersection. After review of the item and input from the resident and Fehr & Peers, the TSC recommended prohibiting parking on both the north and south side of Bank Mill Road for 80 feet west of Stoneridge Drive (i.e. to the first driveway on the north side of Bank Mill Road). This memorandum addresses parking concerns on Bank Mill Road and our recommendation for parking restrictions. Bank Mill Road forms a “T” intersection with Stoneridge Drive, where Bank Mill Road is the west leg of the intersection and Stoneridge Drive represents the north and south legs. Bank Mill Road is an east-west, two-lane local roadway linking Toll Gate Road to Stoneridge Drive. At the Stoneridge Drive intersection, Bank Mill Road is approximately 24 feet wide with one-foot rolled curbs and gutters on each side (for a total of 26 feet of width). Stoneridge Drive is a north-south, two-lane local roadway that forms the western border of the Saratoga Oaks residential community. Currently, no parking restrictions exist on Bank Mill Road. Vehicles can park along the curb on the north and south side of the roadway. The concern raised at the September 2009 TSC meeting is that vehicles park on the north side of Bank Mill Road near the Stoneridge Drive intersection and effectively narrow the traveled way;, this forces vehicles turning from Stoneridge Drive onto Bank Mill Road to encroach into the opposing traveled way and could result in vehicle conflicts. Fehr & Peers conducted field observations at the Bank Mill Road/Stoneridge Drive intersection in September 2009. The field visit showed that with vehicles parked on the north side and occupying up to eight (8) feet of width, only 16 feet of pavement is available for two-way vehicular travel on Bank Mill Road. As shown on Figure 1 on the following page, the remaining 14 feet width on Bank Mill Road is not sufficient to accommodate two-way travel and westbound vehicles travel in the oncoming travel lane. Compounding the issue is that Bank Mill Road is not a straight and flat roadway. Traveling westbound at the Stoneridge Drive intersection, Bank Mill Road has an incline and a slight curvature in the roadway (see Figure 1 on following page). These two elements limit visibility of westbound vehicles to see oncoming traffic when turning from Stoneridge Drive. Based on the filed observations, Fehr & Peers presented three alternative recommendations to prohibit parking on the north and south side of Bank Mill Road for 80 feet from the Stoneridge Drive intersection: 47 John Cherbone October 14, 2009 Page 2 of 2 • Installation of “No Parking” signs • Painting curbs red • Painting a center line on Bank Mill Road at the Stoneridge Drive intersection approach. Each of these recommendations presented above would eliminate on-street parking on Bank Mill Road for the first 80 feet at the Stoneridge Drive intersection. Signage would most clearly prohibit parking, since the signs would be clearly visible. Painting the existing rolled curbs red might not be visible to all drivers, especially as foliage accumulates in the gutters. Painted center lines indirectly prohibits parking, since based on the California Vehicle Code (22500), vehicles are not permitted to park on-street where doing so would force drivers to travel across the painted center line. Not all drivers are necessarily aware of this law and might continue to park on Bank Mill Road without further notification. Figure 1: Parked Vehicles on Bank Mill Road Forcing Westbound Vehicles Into Oncoming Travel Lane (at Stoneridge Drive Looking Westbound) After deliberation and input from the resident and Fehr & Peers, the TSC recommended that the City paint a double yellow centerline on Bank Mill Road for approximately 80 feet (not to exceed the first driveway on the north side) from the Stoneridge Drive intersection and that the City install two “No Parking” sings each on the north and south side of Bank Mill Road. 48 B a n k m i l l R o a d Stoneridge Drive ± Bankmill Road Prosposed Parking Restriction Proposed "No Parking" Restriction 49 RESOLUTION NO. MV- ______ RESOLUTION PARKING RESTRICTION ON BANKMILL ROAD The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Bankmill Road in the location specified below: NAME OF STREET LOCATION RESTRICTION Bankmill Road Starting at the northwest corner of Bankmill at Stoneridge Drive and continuing west for eighty feet (80 ft.). And starting at the southwest corner of Bankmill at Stoneridge Drive and continuing west for eighty feet (80 ft.) No Parking or Stopping Anytime II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 21st day of October, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 50 1 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Claudia Cauthorn, Interim Recreation & Facilities Director DIRECTOR: Claudia Cauthorn SUBJECT: Public Hearing Amending Fee Schedule (Resolution 09-019) to Include Kevin Moran Park. RECOMMENDED ACTION: Hold a public hearing to review recommendations for proposed fee changes for Kevin Moran Park, provide direction, and approve a resolution amending the City’s Fee Schedule effective for Fiscal Year 2009/10. REPORT SUMMARY: The City Council annually holds a public hearing to review fee recommendations and to provide the community the opportunity for input on proposed changes to the City’s Fee Schedule per California Government Code Section 66018: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. After holding the public hearing the Council will consider adopting a resolution which approves changes to the FY 2009/10 Fee Schedule (Resolution 09-019). Upon Council approval of the proposed fee schedule and adoption of the “Resolution Establishing a Schedule of Fees to Include Kevin Moran Park”, staff will publish the FY 2009/10 Fee Schedule to be effective November 1, 2009. With the recent completion of Kevin Moran Park, a few adjustments need to be made to existing facility fee schedule to include use fees for Kevin Moran Park. This recommendation is based on a review of current fees and on requests from staff and users. The proposed fee is based on actual costs and on fees for comparable facilities. 51 2 DISCUSSION: Now that Kevin Moran Park is complete, a fee schedule for use of that park needs to be adopted. Staff recommends that the fees be consistent with fees charged for other City of Saratoga parks. The proposed fee schedule listed below is consistent with the fees charged at El Quito, Wildwood and other City parks. The Parks and Recreation Commission considered this item at their regular meeting on September 8, 2009 and unanimously endorsed the staff recommendation for the park fees (see table). PARK & FACILITY RENTAL FEES FY2009/10 Kevin Moran Park Resident Non-resident Picnic Area (2) - no Barbeque $35/day/area $50/day/area Bocce Courts (2) $10/hour/court $15/hour/court Tennis Court (1) $10/hour $25/hour RECOMMENDATION: Staff recommends that the City Council adopt the fees for use of Kevin Moran Park as presented. FISCAL IMPACTS: Staff has reviewed current fees and associated expenditures, and concluded that the proposed revisions to the Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position for provided services. The recommended fees are consistent with the fees charged for similar facilities owned and operated by the City. ALTERNATIVE ACTION: Take no action at this time, but incorporate these fees during the next annual fee review scheduled for spring 2010. FOLLOW UP ACTION: Give direction to staff for fee changes. Publish the updated fee schedule on the City website and make it available to the public. Staff will update the current Fee Schedule for FY 2009/10, to be effective November 1st, 2009. ADVERTISING, NOTICING AND PUBLIC CONTACT: Parks & Recreation meeting noticed on September 3, 2009, Parks and Recreation meeting held on September 8, 2009, City Council meeting noticed on October 7, 2009. ATTACHMENTS: 1. Resolution Amending Schedule of Fees 52 3 RESOLUTION NO. 09 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE SCHEDULE OF FEES TO INCLUDE KEVIN MORAN PARK WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the User Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number 08-085 and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on November 1, 2009, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of October, 2009, by the following vote: AYES: Councilmember NOES: ABSTAIN: ABSENT: Chuck Page, Mayor Attest Ann Sullivan, City Clerk 53 PARK & FACILITY RENTAL FEES FY2009/10 Kevin Moran Park Resident Non-resident Picnic Area (2) - no Barbeque $35/day/area $50/day/area Bocce Courts (2) $10/hour/court $15/hour/court 54 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Proposition 1A Securitization Program RECOMMENDED ACTION: Review Prop 1A Securitization program option, adopt resolution, and approve purchase and sale agreement to participate in the securitization program. REPORT SUMMARY: Proposition 1A Parameters Under Proposition 1A of 2004, the Legislature is prohibited from reducing the share of property taxes from cities, counties, and special districts to schools and other non-local government functions. However, the Legislature may alter the allocation of property taxes if: 1. The Governor issues a proclamation of “severe fiscal hardship” 2. The Legislature enacts an urgency statute suspending Proposition 1A property tax protection with 2/3 vote of each house; and 3. The Legislature enacts a law providing for full repayment of the “borrowed funds” plus interest within three years. As part of the State of California’s 2009/10 budget adoption package all three of the above conditions were met thereby allowing the State to borrow of up to 8% in property tax monies (approximately $1.9 billion statewide). Each local agency’s amount is based on their total ad valorem property tax revenue, which includes the amounts transferred to Property Tax revenues for the VLF Swap and the Triple Flip. The borrowed tax revenues will be shifted to fund schools and non-local government programs that would otherwise be funded from the State’s General Fund. Under Proposition 1A, borrowed funds must be repaid with interest, within three years – meaning repayment would likely be in June, 2013. Fiscal Impacts For the City of Saratoga, this borrowing will impact the General Fund as well as seven Landscape & Lighting District Funds that receive property tax monies, as shown in the following table provided by Santa Clara County’s Controller-Treasurer Office: 55 City of Saratoga 659,696$ Azule L&L 2,031 Saratoga Village L&L 4,855 Quito L&L 4,317 Village Parking L&L 3,023 Greenbriar L&L 473 Manor Drive L&L 326 Fredericksburg L&L 57 TOTAL of estimates 674,778$ Proposition 1A Loan Estimates Securitization Program In conjunction with the budget passage, a provision called “Proposition 1A Securitization” was approved which created an option for local agency relief from the financial burden created by the forced property tax borrowing. This provision authorizes cities, counties, and special districts to sell their State repayment obligations to the California Statewide Communities Development Authority (California Communities), a joint powers authority (JPA) sponsored by the League of California Cities and the California State Association of Counties. Local agencies have the option of participating in the securitization program and receiving 100% of their share of property tax allocation in the current year, or waiting until the State pays the funds back, with accrued interest. Under the securitization program, California Communities will issue bonds and remit the cash proceeds to participating local public agencies on approximately January 15, 2010 and May 1, 2010, in coordination with the dates agencies normally receive property tax payments. Legislation requires that local agencies participating in the securitization program receive 100% of their Proposition 1A receivables; there are no fees or costs or discount penalties to cities, counties, and special districts for receiving property tax securitization funding. On September 25, 2009, the State’s Department of Finance established an interest rate of 2% at which the state will repay local governments that do not assign their Proposition 1A receivables to the California Communities JPA. For the City’s General Fund share, this interest earning from the State will equate to approximately $13,194 per year, and from $1 to $97 dollars per year for the seven Landscape & Lighting Districts each year – for an estimated total of $13,500 per year. These earning however, are offset by the loss of interest that would be earned from LAIF as the City will either use funds that are currently invested in LAIF for operational expenses, or the property tax funds received from California Communities that would be invested in LAIF until used for operations. At this point in time, LAIF earnings have dropped to an historic low (since it began in 1977) of about .90% for the quarter. While it is likely that interest rates will be slow to increase over the next three years, it is unlikely that rates will stay at these historic low rates for the next three years given the investment expertise in the LAIF agency. The interest earned by holding the receivable therefore is expected to decrease from the net of the State’s 2% interest rate less the LAIF interest rate, with a potential to become negative - depending on when LAIF rates exceed a 2% return on investments. 56 Additional concerns to consider are that although the City Council was proactive in planning for the Proposition 1A suspension with the authorization to utilize the Economic Uncertainty Reserve funds to offset the State’s property tax borrowing, the use of the reserve would reduce Council’s flexibility for the next three years, and potentially longer if the State is not prompt in repaying the loan. From an accounting perspective, if the City participates in the program, we would be selling the receivable and therefore would book the funding as property tax revenues in the current year. If the City does not participate, we could not book the revenue under modified-accounting rules (as it is a long-term receivable), which will skew the financial records for years to come. And on a political level, Santa Clara County staff is strongly encouraging all cities to participate in the securitization program as it sends a clear message to the State and residents that property tax funding is essential to local governments in order to maintain operations. At this point, staff from Santa Clara County and most if not all of the cities will recommend participation in the securitization program, and are awaiting Board or Council approval. Program Participation To participate in the Proposition 1A Securitization program, local agencies are required to approve a Council resolution (Attachment A) authorizing the sale of the Proposition 1A receivables to California Communities by the end of October, 2009, and to approve and sign the Purchase and Sale Agreement (Attachment B). A synopsis from California Communities of the two documents is also attached (Attachment C). Because of the need to maintain the uniformity of documents among all participating local agencies, the Proposition 1A Securitization Program requires that the documents be approved exactly in the form provided without any modifications. The documents were reviewed by legal counsel on behalf of the League of Cities and while the City cannot rely on that review as any sort of guarantee, that review plus the fact that California Communities was created by and for local governments, and the number of local governments participating in the program all work to limit the risks to the City. Signed documents must be received by the bonding agent by November 6, 2009. FISCAL IMPACTS: · If Council approves participation in the Proposition 1A Securitization Program, Property Tax revenues will be assigned and subsequently received in a timely manner · If Council does not approve participation in the Proposition 1A Securitization Program, property tax revenues will not be received in the current year, and the Economic Uncertainty Reserve will be utilized to provide funding for operations. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga will not participate in the Proposition 1A Securitization Program ALTERNATIVE ACTION: N/A 57 FOLLOW UP ACTION: If Council approves resolution to participate in the Proposition 1A Securitization Program, staff will complete paperwork to enroll in the program. ATTACHMENTS: Attachment A – Resolution Attachment B – Purchase and Sale Agreement Attachment C – Synopsis of Resolution and Purchase and Sale Agreement documents 58 RESOLUTION NO. ________________ CITY COUNCIL OF THE CITY OF SARATOGA A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the “Act”), certain local agencies within the State of California (the “State”) are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State’s 2009-10 fiscal year (the “Reimbursement Payments”), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Saratoga, a local agency within the meaning of Section 6585(f) of the California Government Code (the “Seller”), is entitled to and has determined to sell all right, title and interest of the Seller in and to its “Proposition 1A receivable”, as defined in Section 6585(g) of the California Government Code (the “Proposition 1A Receivable”), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the “Purchaser”), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1A Receivable and the Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the “Sale Agreement”) for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from the Seller and the purchase price of other Proposition 1A Receivables from other local agencies, the Purchaser will issue its bonds (the “Bonds”) pursuant to Section 6590 of the California Government Code and an Indenture (the “Indenture”), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the “Trustee”), which Bonds will be payable solely 59 2 from the proceeds of the Seller’s Proposition 1A Receivable and other Proposition 1A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition 1A Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Saratoga to secure a borrowing, (ii) any such sale of its Proposition 1A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition 1A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1A Receivable sold to the Purchaser and the Proposition 1A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition 1A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the “Irrevocable Written Instruction”) notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute 60 3 and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition 1A Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. 61 4 Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this ______ day of ________________, 2009, by the following vote: AYES: NOES: ABSENT: Mayor Attest: City Clerk Approved as to form : SELLER’S COUNSEL By Dated: 62 APPENDIX A CITY OF SARATOGA Authorized Officers: Chuck Page, Mayor Kathleen King, Vice Mayor Howard Miller, Council Member any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. 63 E-1 CITY OF SARATOGA, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser __________________________ PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 __________________________ 64 TABLE OF CONTENTS Page i 1. DEFINITIONS AND INTERPRETATION......................................................................2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT................2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION 1A RECEIVABLE AND PAYMENT OF PURCHASE PRICE......................................................................3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER..........................4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER...................................5 6. COVENANTS OF THE SELLER.....................................................................................7 7. THE PURCHASER’S ACKNOWLEDGMENT...............................................................9 8. NOTICES OF BREACH...................................................................................................9 9. LIABILITY OF SELLER; INDEMNIFICATION............................................................9 10. LIMITATION ON LIABILITY......................................................................................10 11. THE SELLER’S ACKNOWLEDGMENT......................................................................10 12. NOTICES.........................................................................................................................10 13. AMENDMENTS.............................................................................................................10 14. SUCCESSORS AND ASSIGNS.....................................................................................10 15. THIRD PARTY RIGHTS................................................................................................11 16. PARTIAL INVALIDITY................................................................................................11 17. COUNTERPARTS..........................................................................................................11 18. ENTIRE AGREEMENT..................................................................................................11 19. GOVERNING LAW........................................................................................................12 EXHIBIT A – DEFINITIONS...................................................................................................A-1 EXHIBIT B1 – OPINION OF SELLER’S COUNSEL...........................................................B1-1 EXHIBIT B2 – BRINGDOWN OPINION OF SELLER’S COUNSEL.................................B2-1 EXHIBIT C1 – CLERK’S CERTIFICATE.............................................................................C1-1 EXHIBIT C2 – SELLER CERTIFICATE...............................................................................C2-1 EXHIBIT C3 – BILL OF SALE AND BRINGDOWN CERTIFICATE................................C3-1 EXHIBIT D – IRREVOCABLE INSTRUCTIONS TO CONTROLLER................................D-1 EXHIBIT E – ESCROW INSTRUCTION LETTER................................................................E-1 65 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this “Agreement”), is entered into by and between: (1) CITY OF SARATOGA, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the “Seller”); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the “Purchaser”). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the “State”) on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State’s 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition 1A Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition 1A receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition 1A Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition 1A Receivable Financing Program (the “Program”), the Purchaser will issue its bonds (the “Bonds”) pursuant to an Indenture (the “Indenture”), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the “Trustee”), and will use a portion of the proceeds thereof to purchase the Proposition 1A Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition 1A Receivable to the Trustee and each Credit Enhancer to secure the Bonds. 66 2 AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words “hereof,” “herein,” “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term “including” shall mean “including without limitation.” (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the “Proposition 1A receivable” as defined in Section 6585(g) of the California Government Code (the “Proposition 1A Receivable”), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an “Installment Payment” and, collectively, the “Installment Payments”), on January 15, 2010, and May 3, 2010 (each a “Payment Date” and, collectively, the “Payment Dates”). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller’s Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the “Pricing Date”), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 67 3 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit C1 and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller’s City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the “Bill of Sale”) in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser’s issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition 1A Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser’s agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition 1A Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1A Receivable pursuant to the Act and other 68 4 applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition 1A Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition 1A Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition 1A Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser’s ability to purchase the Proposition 1A Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors’ rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 69 5 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition 1A Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser’s ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition 1A Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors’ rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition 1A Receivable or the performance by the Seller of its 70 6 obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller’s ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition 1A Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition 1A Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller’s ability to sell the Proposition 1A Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition 1A Receivable to the Purchaser, the Seller was the sole owner of the Proposition 1A Receivable, and has such right, title and interest to the Proposition 1A Receivable as provided in the Act. From and after the conveyance of the Proposition 1A Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition 1A Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition 1A Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a “Lien”) thereon. Prior to the sale of the Proposition 1A Receivable to the Purchaser, the Seller held title to the Proposition 1A Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller’s right, title and interest in and to the Proposition 1A Receivable. 71 7 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. (j) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller’s funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller’s principal place of business and chief executive office is located at 13777 Fruitvale Avenue, Saratoga, CA 95070. (l) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition 1A Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition 1A Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition 1A Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms-length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition 1A Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 72 8 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition 1A Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition 1A Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition 1A Receivable to the Trustee, together with notice of the sale of the Proposition 1A Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition 1A Receivable, any authority to collect the Proposition 1A Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition 1A Receivable. In the event that the Seller receives any proceeds of the Proposition 1A Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition 1A Receivable. (g) The Seller shall treat the sale of the Proposition 1A Receivable as a sale for regulatory and accounting purposes. 73 9 (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition 1A Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser’s Acknowledgment. The Purchaser acknowledges that the Proposition 1A Receivable is not a debt or liability of the Seller, and that the Proposition 1A Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition 1A Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition 1A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition 1A Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller’s breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 74 10 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller’s Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition 1A Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition 1A Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 75 11 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 76 12 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF SARATOGA, as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: Authorized Signatory 77 A-1 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. “Act” means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. “Bill of Sale” has the meaning given to that term in Section 2(b)(ii) hereof. “Closing Date” means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to mfurey@saratoga.ca.us not later than one day prior to the Closing Date. “Controller” means the Controller of the State. “County Auditor” means the auditor or auditor-controller of the county within which the Seller is located. “Credit Enhancer” means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. “Credit Support Instrument” means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. “Initial Amount” means, with respect to the Proposition 1A Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. “Installment Payments” have the meaning set forth in Section 2(a). “Payment Dates” have the meaning set forth in Section 2(a). “Pricing Date” means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to mfurey@saratoga.ca.us not later than one day prior to the Pricing Date. “Principal Place of Business” means, with respect to the Seller, the location of the Seller’s principal place of business and chief executive office located at 13777 Fruitvale Avenue, Saratoga, CA 95070. 78 A-2 “Proposition 1A Receivable” has the meaning set forth in Section 2(a). “Purchase Price” means an amount equal to the Initial Amount. “Rating Agency” means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. “Rating Agency Confirmation” means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. “Resolution” means the resolution adopted by the City Council approving the sale of the Proposition 1A Receivable. “State” means the State of California. “Transaction Counsel” means Orrick, Herrington & Sutcliffe LLP. “Transaction Documents” mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition 1A Receivable of City of Saratoga, dated as of the Closing Date. 79 B1-1 EXHIBIT B1 OPINION OF COUNSEL to CITY OF SARATOGA Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1A Receivable Ladies & Gentlemen: [I have/This Office has] acted as counsel for the City of Saratoga (the “Seller”) in connection with the adoption of that certain resolution (the “Resolution”) of the City Council of the Seller (the “Governing Body”) pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the “Purchaser”) of the Seller’s “Proposition 1A Receivable”, as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the “Sale Agreement”) between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller’s Proposition 1A Receivable to the Controller of the State of California (the “Disbursement Instructions”) and a Bill of Sale and Bringdown Certificate of the Seller (the “Bill of Sale” and, collectively with the Sale Agreement and the Disbursement Instructions, the “Seller Documents”). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [I/we] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I/we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [I/we] are of the opinion that: 80 B1-2 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition 1A Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition 1A Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my/our] knowledge, prior to the sale of the Proposition 1A Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller’s Proposition 1A Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors’ rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition 1A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [I/we] express no opinion as to the value of the Proposition 1A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition 1A Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. 81 B1-3 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my/our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By: Seller’s Counsel 82 B2-1 EXHIBIT B2 OPINION OF COUNSEL to CITY OF SARATOGA Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1A Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the “Sale Agreement”) between the City of Saratoga (the “Seller”) and the California Statewide Communities Development Authority (the “Purchaser”), this Office delivered an opinion (the “Opinion”) dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller’s Proposition 1A Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, By: Seller’s Counsel 83 C1-1 EXHIBIT C1 CLERK’S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF SARATOGA, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of Saratoga (the “Seller”), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. ______________ duly adopted at a regular meeting of the City Council of said Seller duly and legally held at the regular meeting place thereof on the ______ day of _________________, 2009, of which meeting all of the members of said City Council had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of Saratoga, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: City Clerk of the City of Saratoga, California 84 C2-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of Saratoga (the “Seller”), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the “Seller Transaction Documents”) were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the “Sale Agreement”), between the Seller and the California Statewide Communities Development Authority (the “Purchaser”). 2. Irrevocable Instructions For Disbursement of Seller’s Proposition 1A Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the “Resolution”) approving the sale of the Seller’s Proposition 1A Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. 85 C2-2 Name, Official Title Signature Chuck Page, Mayor Kathleen King, Vice Mayor Howard Miller, Council Member I HEREBY CERTIFY that the signatures of the officers named above are genuine. Dated: Pricing Date By: City Clerk of the City of Saratoga, California 86 C3-1 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the “Sale Agreement”), dated as of November 1, 2009, between the undersigned (the “Seller”) and the California Statewide Communities Development Authority (the “Purchaser”), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the “Payment Dates”), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1A Receivable as defined in the Sale Agreement (the “Proposition 1A Receivable”), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1A Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition 1A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date CITY OF SARATOGA By: Authorized Officer 87 D-1 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION 1A RECEIVABLE OF CITY OF SARATOGA Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition 1A Receivable by the City of Saratoga and Wiring Instructions Information Form _____________________________________________________ Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City of Saratoga (the “Seller”) hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the “Proposition 1A Receivable” as defined in Section 6585(g) of the California Government Code (the “Proposition 1A Receivable”), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller’s City Council authorized the sale of the Proposition 1A Receivable to the California Statewide Communities Development Authority (the “Purchaser”) pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the “Purchase and Sale Agreement”) and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition 1A Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the “Indenture”) between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the “Trustee”). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition 1A Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition 1A Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (iii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should 88 D-2 the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition 1A Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition 1A Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, CITY OF SARATOGA By: Authorized Officer 89 E-1 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER ______________, 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition 1A Receivable Financing Dear Sir or Madam: The City of Saratoga (the “Seller”) hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition 1A Receivable Financing. By adoption of a resolution (the “Resolution”) authorizing the sale of its Proposition 1A Receivable, the Seller’s City Council has agreed to sell to the California Statewide Communities Development Authority (the “Purchaser”), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition 1A Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel (“Transaction Counsel”), as instructed below: 1. certified copy of the Resolution, together with a certificate of the City Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller’s Counsel, dated the Pricing Date; 4. the Opinion of Seller’s Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. 90 E-2 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller’s Counsel stating, respectively and in good faith, that the representations made in the Seller’s Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller’s Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Very truly yours, CITY OF SARATOGA By: Authorized Officer Enclosures cc: Orrick, Herrington & Sutcliffe LLP 91 Attachment C CCaalliiffoorrnniiaa CCoommmmuunniittiieess Synopsis of Resolution and Purchase and Sale Agreement Documents The proposed Proposition 1A Receivables Sale Resolution: 1. Authorizes the sale of the City of Saratoga’s Proposition 1A Receivable to California Communities for 100% of its receivable; 2. Approves the form, and directs the execution and delivery of the Purchase and Sale Agreement with California Communities and related documents; 3. Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement of the Proposition 1A Receivable to the Proposition 1A Bond Trustee; 4. Appoints certain City of Saratoga officers and officials as Authorized Officers for purposes of signing documents; and 5. Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. The Purchase and Sale Agreement: 1. Provides for the sale of the Proposition 1A Receivable to California Communities; 2. Contains representations and warranties of the [City/county/District] to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and that this is an arm's length "true sale" of the Proposition 1A Receivable. 3. Provides mechanics for payment of the Purchase Price 4. Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits : The proposed Proposition 1A Purchase and Sale Agreement Exhibits: B1) Opinion of Counsel: This is an opinion of the counsel to the local agency (which may be an in-house counsel or an outside counsel) covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (B2) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (C1) Certificate of the Clerk of the Local Agency: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing 92 Attachment C Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. 93 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Initiation of Annexation of an approximately 39,640 (gross) square foot parcel (APN 503-13-138) located at 22215 Mount Eden Road. RECOMMENDED ACTION: Staff recommends the City Council approve the attached Resolution thereby initiating the annexation of 22215 Mount Eden Road. REPORT SUMMARY: The applicants, John and Cheryl Keenan, have filed an application with the City of Saratoga for annexation approval. The applicant’s parcel is located in the County of Santa Clara and is approximately .91 (gross) acres. The vacant property (hereinafter referred to as ‘the county parcel’) is contiguous with the western limits of the City of Saratoga along Mount Eden Road and is within the City’s Sphere of Influence and Urban Service Boundaries. The applicant also owns the adjacent 1.9 acre parcel to the West. This parcel is located in the City of Saratoga and contains a single-family residence that is the home of the applicant. Access to this parcel is from an easement across the county parcel. The applicant does not have current intentions of developing the property to be annexed but did concede that future development of the parcel could be possible. The maximum possible home square footage that could be developed on the lot would be 4,986 square feet. If the property were annexed, a residential development project would be subject to Saratoga’s development standards which control building design, height, floor area, and colors and materials. If the property were developed in Santa Clara County, the County development standards would apply. These standards would allow the height of a residence to be 35-feet, there is no limit on floor area ratio, and there is no control on exterior colors or materials. The parcel proposed for annexation conforms to the applicable land use and density criteria contained in the City Code and the General Plan. The parcel is located in the Hillside Residential (HR) Prezone area. 94 DISCUSSION: Under the City’s Annexation procedure and the Local Agency Formation Commission (LAFCO) statutes, this annexation will not be reviewed by LAFCO, require notice, hearing, or an election because the annexation is being made by a petition with 100 percent consent of the property owner. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). The Act requires, however, that cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which may be waived by the City Council; and (3) Approval of Annexation. Initiation of Annexation The Act and other state laws require the preparation of a number of documents as part of the annexation process. These documents fall into three categories: a service plan, LAFCO materials, and the California Environmental Quality Act (CEQA) materials. These are described below: Service Plan – All annexations are to begin with a proposed service plan for the area to be annexed. This plan is to include the following: · A description of the parcel to be annexed; · A list of the organizational changes proposed; (See attached List of Services Report) · The reasons for the proposal; · A listing and description of the services to be provided to the annexed parcel together with a discussion of the level and range of services to be offered; (See attached List of Services Report); · An indication of when the services listed can feasibly be extended to the annexed parcel; (See attached List of Services Report); · An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands; (No inhabited territory will be annexed as part of this proposal and all services will be consistent with the current conditions) · Information on how the services to be provided would be financed. (See attached List of Services Report); LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. The formal findings need not be made until the end of the process. Each finding is followed by a brief description of Staff’s review. · That the unincorporated territory is within the urban service area of the city as adopted by Commission. Staff had confirmed that the property to be annexed is within the City’s Urban Service Area. · That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. The City will be providing a map prepared by the applicant to the County Surveyor once initiation of annexation has been approved by the City Council. 95 · That the proposal does not split lines of assessment or ownership. Staff has determined that the property to be annexed does not split lines of assessment or ownership. · That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of the services will remain unchanged. · That the proposal is consistent with the adopted General Plan of the City. This land use designation for the lands to be annexed is RHC (Residential Hillside Conservation). The land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the surrounding zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following General Plan Policy: Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is determined by the city that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. Protest Proceedings and Annexation Approval Since the annexation is initiated by a request (application) for annexation by the property owner, with 100% consent by the property owner, the City is required to prepare an Initiation of Annexation for review by the City Council. A public meeting is not necessary and the City Council may consider the Initiation of Annexation as a routine agenda item at a regular meeting and may waive protest proceedings. The City Council is required to make findings pursuant to Government Code Section 56757 prior to adopting the resolution approving the annexation. After the resolution is adopted a certified copy of the resolution and paperwork is submitted to LAFCO. California Environmental Quality Act Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). Staff has determined that the annexation would be exempt from CEQA review pursuant to Section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they do not exceed the minimum size for facilities exempted by Section 15303 (that section limits exemptions to up to three single- family residences in an urbanized area). Staff has determined that findings can be made to support the Categorical Exemption of the proposed annexation of property located at 22215 Mount Eden Road (APN 503-13-138) into the City of Saratoga in that the annexation is for less than three single in an urbanized area. There is no subdivision potential and the proposed annexation does not involves or change the standards for extension of utility services to the parcel. FISCAL IMPACTS: 96 No impact. The applicant is responsible for all City review fees and County of Santa Clara processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future single-family home development on the parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation and provide Staff with direction. FOLLOW UP ACTION: At the direction of Council, Staff will proceed with the annexation approval procedure. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Resolution approving Initiation of the Annexation 2. List of Services Report 3. Maps showing parcel location. 97 1 RESOLUTION NO __________ AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION OF A PROPERTY LOCATED AT 22215 MOUNT EDEN ROAD THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council is considering the annexation of an approximately 39,640 (gross) square foot property, hereinafter referred to as the “the territory”, APN 503-13-138, contiguous to the City of Saratoga; and WHEREAS, the City Council has determined the project to be exempt from the California Environmental Quality Act (CEQA) pursuant to section 15319 of the CEQA Guidelines; and WHEREAS, as provided in Government Code Section 16757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed at 22215 Mount Eden Road is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is pre-zoned as HR (Hillside Residential); and WHEREAS, there one hundred percent (100%) owner consent of the annexation proceedings, no notice, public hearing, or election will be required for annexation approval by the City; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and has determined that said territory is considered uninhabited for the purposes of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of the territory to the City known as Assessor’s Parcel Number 503-13-138 located at 22215 Mount Eden Road at a meeting to be scheduled to approve annexation. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 21st day of October 2009 by the following vote COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 98 2 SIGNED: ATTEST: _________________________________ _____________________________ Chuck Page, Ann Sullivan, MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Saratoga, California 99 1 100 List of Services Report Districts Saratoga Union Elementary School NO CHANGE TO DISTRICTS Saratoga High School West Valley Community College Saratoga Cemetery Guadalupe –Coyote Resource Conservation Bay Area Air Quality Management Mid-Peninsula Regional Open Space West Valley Sanitation Santa Clara Valley County Water Santa Clara County Zone NC-1 County Water Santa Clara County Importation Water-Miscellaneous Central Fire Protection Santa Clara Valley-Zone W-4 County Water Area No. 01 Library Benefit Assessment County Service Area No. 01 Library Services County Services Santa Clara County Vector Control Services Street Sweeping Santa Clara County provides no regular street sweeping. MINOR INCREASE IN SERVICE The City of Saratoga has a contract with Los Altos Garbage to sweep residential streets once a month. Law Enforcement The City of Saratoga has a contract with the Santa Clara MINOR INCREASE IN SERVICE County Sheriffs Department that provides two patrol cars to the City. The County has only one car for this area and it also has to respond to the Los Gatos Mountains. Santa Clara Valley Transportation Authority NO CHANGE 101 102 103 1 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Claudia Cauthorn, Interim Recreation & Facilities Director DIRECTOR: Claudia Cauthorn SUBJECT: Adopt a Facility Use Policy for the North Campus. RECOMMENDED ACTION: Amend the existing building policies to include hours of use for the North Campus site. REPORT SUMMARY: With the impending completion of the renovations at the North Campus Fellowship Hall, a few adjustments need to be made to existing facility use policies. In order to craft an effective policy that will meet the needs of both the City and the surrounding neighbors of the North Campus site, a community engagement process was initiated to gain insight as to the issues that will arise with the commencement of activities at this location. A meeting announcement (Attachment 1) was sent to all residents within a 300 foot radius of the North Campus site as well as to known interested parties on August 25, 2009. The announcement was also posted on the City’s website and a news release was sent to the Saratoga Weekly. The community meeting took place on Tuesday, September 1, 2009 at 6:00 P.M. in the Administration Wing (fireside room) of the North Campus. Sixteen persons were in attendance as well as four staff members. Staff initiated the meeting by thanking the residents for coming to help construct a use policy that will meet the needs of all parties. The constraints on crafting this policy are that given the City’s financial situation, the North Campus has been looked to as a revenue source and yet due to its’ proximity to the surrounding neighborhood these uses may need to be limited to mitigate traffic and noise issues that will affect the residents. A lively and very helpful discussion ensued with the primary concerns of late night hours and noise generated from evening uses voiced by residents. The issue of the Taiko drummers practicing at the site was discussed and staff has indicated that this group will relocate to the Administration building once the Fellowship Hall is open and the current occupant in the Administration Building (an aerobics class) will move to the Fellowship Hall. Other issues discussed at the neighborhood meeting were keeping the doors and 104 2 windows closed during events to prevent noise from leaking out to the neighborhood and enacting a smoking ban at the site so users would not be inclined to go outside and socialize while smoking (hence creating extra noise). The neighbors were not in favor of outside activities due to the potential for noise generated by them. City staff has placed “Quite Zone” signs in and around the parking lot to remind users to be respectful of the neighbors. Neighbors also suggested that a “hot line” be set up where residents could call for assistance if an event becomes disruptive. The neighbors questioned if there were enough parking spaces to accommodate users and expressed concern that the overflow parking might intrude into the neighborhood. The neighborhood group consensus was that activities should begin no earlier than 8:00 A.M. daily and cease by 9:00 P.M. on weeknights (Sunday through Thursday) and by 10:00 P.M. on weekends (Friday and Saturday). This means that the event organizers must be cleaned up and all attendees gone from the premises by the times indicated. For a reception or party, this would mean the event would need to end at least 1 hour earlier to assure all guests and vehicles had left the premises by the stated end time. This sentiment is reflected in Alternative E. The Parks and Recreation Commission considered this issue at their regular meeting on September 8, 2009. A lengthy discussion on the use for the North Campus ensued among approximately 10 neighbors and a number of facility users on the issue of operating times. In a 4 to 1 vote, with Commissioner Bruno opposing, the Commission decided to recommend to Council that a facility use policy for the North Campus site include the following elements: · Users/renters would be required to vacate the premises (including the parking area) by 10 P.M. to include weeknight and weekends. This is expressed in Alternative C. · Outdoor activities would be allowed, but must end by sunset (same hours as park facilities) with no amplified sound allowed. Additionally the Commission recommended that the policy be reviewed in six months to evaluate its’ effectiveness and that sound mitigation opportunities be explored. DISCUSSION: A good number of the requests currently received for rental uses at the Joan Pisani Community Center well exceed the limitations defined by the residents and the Parks & Recreation Commission. As an example, for the period of January 1 through June 30, 2009, fifty-nine rental uses were booked. Thirty-two of these rentals ended after 10:00 P.M. most of which ended at midnight or later. We recently received a call (on 9/2/09) from the Saratoga Rotary Club wishing to have a special event at the Fellowship Hall with an end time of 10:00 P.M. on a Monday night in November. Since there has not been resolution as to the hours of use at the Fellowship Hall, they have decided they will host their event at some other location. We also received an inquiry on 9/8/09 from the YMCA wishing to have a Father/Daughter dance there, but the restricted end time of 9:00 or 10:00 P.M. would not work for their event. We also have a standing request for the Fellowship Hall for the month of Ramadan with activities ceasing at 11 P.M. If the closing time is restricted, we will lose the revenue from this use unless we can find an alternate location for them. The opportunity cost for the loss of these events is roughly $4,400. Staff is concerned that limiting the ending time for operations to 10:00 P.M. (including the 1 hour needed for clean up, loading and evacuating the parking lot) will result in significantly fewer uses at the North Campus than needed to cover operating expenses. 105 3 A good comparison facility is the Foothill Club as it is also located within a residential neighborhood. All events held there have an end time of 10:00 P.M. regardless of day of the week. This policy is based on a Santa Clara County noise ordinance. Cleanup is allowed up to 11:00, but guests must depart and all music is over at 10:00 P.M. The cleanup is only for the people cleaning up after the party, gathering personal items, and cleaning and putting away all tables and chairs. Similarly the Brookside Club has a closing time 11 P.M. with no restriction on clean up time. Alternative A is crafted similar to the Foothill Club & Brookside Club’s policies. RECOMMENDATION: Staff requests that the City Council evaluate the findings generated from the community meeting; consider the Parks and Recreation Commission’s recommendation on the North Campus operating policy, and City staff’s recommendation for the use of the North Campus. For the greatest flexibility for rental use and to maintain sensitivity to the need of the surrounding residents, staff recommends Alternative D. FISCAL IMPACTS: Fiscal impacts will vary depending on which alternative is adopted. As this is a new facility, the demand for use is difficult to determine; however a less restrictive use policy for hours of operation will likely generate a greater demand for this facility and hence greater overall revenues to the City. ALTERNATIVE ACTIONS: · Alternate A: Adopt a policy that allows use at the North Campus from 8:00 A.M. to 11:00 P.M. (inclusive of clean up and parking lot cleared) daily. · Alternate B: Adopt a policy that allows use at the North Campus from 8:00 A.M. to 10:00 P.M. Sunday through Thursday (inclusive of clean up and parking lot cleared) and from 8:00 A.M. to 11:00 P.M. Fridays and Saturdays (inclusive of clean up and parking lot cleared). · Alternate C: Adopt a policy that allows use at the North Campus from 8:00 A.M. to 10:00 P.M. (inclusive of clean up and parking lot cleared – meaning uses must end prior to 10 P.M.) daily. · Alternate D: Adopt a policy that allows use of the North Campus from 8 A.M. to 10:00 P.M. daily (exclusive of clean up – can occur after 10 P.M., but guests must leave by 10:00 P.M.). · Alternate E: Adopt a policy that allows use at the North Campus from 8:00 A.M. to 9:00 P.M. Sunday through Thursday and from 8:00 A.M. to 10:00 P.M. Fridays and Saturdays (inclusive of clean up and parking lot cleared). · Alternate F: Grandfather existing uses. (This alternative could be used in combination with one of the alternatives above.) Allow existing users of the North Campus to maintain the hours of their current indoor uses at a North Campus location specified by the City on the condition that they lose this privilege if either (1) the use ceases for more than one year, (2) they exceed the hours of their current use two or more times, or (3) the City Council concludes after a noticed public hearing that facts and circumstances have changed such that allowing the extend hours of use 106 4 is no longer in the public interest. The term "indoor uses" also includes use of the outdoor parking area but only for parking by participants in the indoor use. · Alternate G: (This alternative could be used in combination with Alternates A through E.) When use requests exceed the approved hours of operation for the North Campus, move those uses to the Joan Pisani Community Center (JPCC) when possible. As the JPCC is already frequently scheduled on a regular basis for recurring classes and events, those regular uses would need to be accommodated at the North Campus, cancelled, or the North Campus use denied. It should be noted that on weekends, the JPCC is almost always booked for private parties. Revenue generated from these uses averages $1344 per use. The month-long evening use at the North Campus generated $3,200 for this past year. For the same period, the JPCC generated $6,720 in rental income. FOLLOW UP ACTION: Give direction to staff for policy and fee changes. Publish the policy on website and make it available to the public. ADVERTISING, NOTICING AND PUBLIC CONTACT: Public meeting noticed on August 25, 2009. Public meeting held on September 1, 2009, Parks & Recreation meeting noticed on September 3, 2009, Parks and Recreation meeting held on September 8, 2009, City Council meeting noticed on October 7, 2009. ATTACHMENTS: 1. Public Meeting Notice for September 1, 2009 2. North Campus Use Proposal from WVMA 3. Email from Margot Johnson re: North Campus hours of use 4. Letter from Ann Waltonsmith re: North Campus hours of use 107 North Campus North Campus Neighborhood MeetingNeighborhood Meetinggggg When: Tuesday, September 1, 2009 Time:6:00 P.M. Where: North Campus -Admin Building 19849 Prospect Road, Saratogapg We are approaching completion of the remodeling at the City’s North Campus site In order to begin activities Citys North Campus site. In order to begin activities there, we would like your ideas on the scope of activities and hours for operations. Please join us to share your thoughts and opinions on this topic. Light refreshments will be served. For more information please contact: City of Saratogayg Claudia Cauthorn, Interim Recreation Director 868-1250 or ccauthorn@saratoga.ca.us 108 Saratoga North Campus Background The West Valley Muslim Association (WVMA) is a non-profit, religious organization located at 12370 Saratoga- Sunnyvale Road, Saratoga CA in the Azule Crossing shopping center. There are about 200 Muslim families served by WVMA. The organization holds regular prayers, the Friday afternoon congregational prayer, and holds nightly prayers (called Taraweeh prayers) during the month of Ramadan (month of fasting), and celebrates the two Eid festivals to commemorate the end of Ramadan and the Hajj. The Ramadan nightly prayers are offered every night during the month of Ramadan. These daily prayers have a specific time – they have to be started about an hour and a half after sunset. They last for about 2 hours. The month of Ramadan is based on the lunar calendar, and it moves 11 days forward every calendar year. So in 2009, it started from August 20th, and in 2010 it is expected to start around August 9th. During the years when Ramadan falls in summer and the sunset is around 7:45 PM, the nightly prayers start around 9:15 PM and end around 11:15 PM (parking lot empty by 11:30 PM). In a few years, Ramadan will occur in winter months, so the service can start and end much earlier. North Campus Proposal WVMA empathizes with the North Campus neighbors on the issue of the sound. We are not opposed to the restrictions requested by the neighbors, but we would also like the neighbors to allow us to use the facility with a clear understanding that we will not misuse this privilege. In a joint meeting on October 12, 2009 with some of the North Campus neighbors and the WVMA representatives, the following proposal was made: · WVMA will support the recommendation of the Parks and Recreation Commission of a general limitation of 10 PM on weekdays and weekends. · North Campus Neighbors will allow WVMA to use the facility during Ramadan till 11:30 PM as an exception to the general limitation. WVMA will make “best efforts” not to inconvenience neighbors during the monthly rental including, but not limited to: · Parking outside as much as possible and use parking farther away from fences. · Monitor and enforce peace and quiet. Since we may not be able to write an exception for one organization, we may have to come up with slightly more general terms in discussion with the City Attorney, such as: 1. Grandfather previous renters. 2. Exceptions allowed for Saratoga based non-profits only. 3. Exceptions allowed for Saratoga based non-profits that rent for more than at least one week of rental. Next Steps 1. WVMA to approach city attorney through one of the city council members and see if an exception can be included in the approved usage rules. Coordinate with the North Campus neighbors once we learn about the various options. 2. North Campus neighbors to discuss with the larger group of neighbors to see if this proposal is acceptable. 3. Regroup over the coming weekend. 109 From: Chuck Page Sent: Wednesday, October 14, 2009 3:55 PM To: Margot Johnson Cc: City Clerk [Ann Sullivan]; Dave Anderson; Claudia Cauthorn Subject: RE: N Campus Late Closing Concern Thank you, Margot. I really appreciate your input, and can assure you that all concerns will be considered to the utmost degree when the hours are defined for the North Campus. Thank you, Chuck Page Mayor City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 (408) 257-9334 office From: Margot Johnson [mailto:margot@covad.net] Sent: Wed 10/14/2009 11:08 AM To: Chuck Page; City Clerk [Ann Sullivan]; Dave Anderson Subject: N Campus Late Closing Concern Dear Chuck: Thank you for hearing the neighbors concerns about the late night use of the North Campus. We are concerned about the noise from the campus as the fence between us provides a sight barrier only and the noise is essentially in our own backyards. There is president for limiting the hours of use of the facility to facility getting everyone out of the parking lot by 9:30pm. The prior owners of the property, Grace Methodist Church, agreed to and abided by this time limit. The various other groups who rented rooms from the church generally ended their meetings by 9:15, and were generally out by 9:30. Nevertheless, their are always stragglers, and their conversations, car doors closing, and engines starting bothered us, especially in Summer as we needed to keep the windows open to manage the heat. While we respect the prayer traditions of the West Valley Muslim Association (WVMA), the North Campus is part of the neighborhood, and we expect them and any other groups using the facility to extend the same courtesies the previous owners did, and the rest of our neighbor's do in a quiet peaceful neighborhood. Thanks again, Margot Johnson Viewridge Drive, Sar 110 Dear Saratoga City Council I am delighted to see that the City of Saratoga’s North Campus is about to reopen the refurbished Fellowship Hall and in addition, to open the grounds of the facility minus the two old, decrepit buildings. The entire North Campus will be an enhanced asset for Saratoga’s citizens and provide much needed public space for meetings, events and outdoor park land. More summer programs for our children and more year round programs for our citizens, young and old, will be possible through the Recreation Department, with this added space. I am concerned, however, to learn that the City is considering too strict rules for when the public can use this public space in the evening. As I understand it, because of the neighbors’ pressure, the PRC is recommending a 9 pm event closing time for the facilities, even on weekend nights. I am urging you to change the closing time to 10 pm weekdays and weekends. I have done a quick study of the local competition for rental space. Since other comparable public venues have rules that close their doors later, I believe that both the Fellowship and Administrative Halls will not be rented, thus depriving citizens of a public space to use and depriving the City of much needed revenue. The citizens voted to save the resource and the City used public money and donated money to rehab the two buildings and their flat outdoor grassy landscapes. The City needs the money from facility rentals to balance the Recreation Department’s budget. Besides the local churches which allow events, both church member events and outside rentals, to go later than 9 pm, there are two specific competitors which are embedded in their own neighborhoods and yet allow events to go past 9 pm. The first, Saratoga Foothill Club, has a closing time of 10 pm for both weekend and weekdays, with the stipulation that the cleanup is completed by 11 pm. It allows for some amplified sound outside in the garden, with severe limits on it and of course, allows amplified sound inside the building for the events. The second, Brookside Club of Saratoga, has a closing time of 11pm with no time limit for cleanup. It allows amplified sound only inside the Clubhouse. Rental rates are higher for non-member events. Besides the above groups, there are more venues in Saratoga which have events that last beyond 9 pm. So I urge you to reconsider the time limits that you are going to set on the North Campus usage. It would be a shame that after all of the work and time and energy put into the refurbishing of the North Campus, that you would now essentially mothball the two buildings and allow them to stand empty in the evenings. The City needs the rental money and the citizens need the public venues. Each time the City tries to do something good for the citizens of Saratoga, the neighbors react with terrible fantasy scenarios of potential horrible noise problems and potential upswings in crime. The fantasy scenarios do not materialize and a year later, most of the local citizens have changed their minds and begin to like the new resource. One example, 111 is when the City refurbished Azule Park and put in a second back entrance on Knollwood Dr. The Neighbors did not want the second entrance, because of potential noise in the early morning and late evenings, and because of potential vandalism. The Council wisely went ahead with the second entrance because it made logical sense with the proviso to revalue the second entrance one year in the future, just in case. One year later, there had been no problems and the neighborhood was fond of the back entrance. I recommend that you do what is rational with the North Campus facilities. 1. Have events end by 10 pm with clean up done by 11 pm. 2. Stipulate amplified sound only inside the buildings. 3. Have staff actively work with any rentals about being sensitive to the neighbors need for quiet out in the parking lot, especially at night. 4. Allow for the potential rental request for a later closing time if the requesting group is a quiet type (i.e. church or book discussion groups) and if they would park on Prospect Street instead of the parking lot. Thank you for your consideration. Ann Waltonsmith 112 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Village Entrance Sign RECOMMENDED ACTION: Approve design and installation of Village Entrance Sign. REPORT SUMMARY: The Saratoga Village Development Council (SVDC) would like to fund an entrance sign to the Village that would be located in Blaney Plaza near the corner of Big Basin Way and Highway 9. The depiction of the proposed sign is attached and is expected to cost between $5k and $10k. The dimension of the sign will be approximately 56 in. wide by 36” in. tall and will be made of carved wood. If the sign is approved the Public Works Department will assist the SVDC in the placement of the sign. FISCAL IMPACTS: The cost to create the sign will be funded by SVDC. Minor staff costs will be incurred to place the sign at approximately $250. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The sign would not be approved. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: If the sign is approved staff will work with the SVDC to implement the project. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. 113 Page 2 of 2 ATTACHMENTS: 1. Depiction of Village Entrance sign. 114 11 5 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Undeveloped City Owned Property RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT SUMMARY: There are four City owned properties, not including trail easements, which are undeveloped in the City. The four properties are as follows (See attached maps showing each property- Attachments 1-4): 1. Property located at the corner of Quito and Pollard Roads The City owns two parcels at this location totaling .66 acres. The parcels were acquired from the County as excess right-of-way in 1979. Currently the parcels are unimproved except for a pathway along Quito Road which runs from the corner through the site. There are no plans or restrictions for improving this land. The lower parcel lies within a flood zone. 2. Property located in Saratoga Heights The City owns two parcels at this location totaling 39.4 acres. The parcels were dedicated to the public in the early 1980’s. Included are trail easements which run through the property. Use of the property is governed by an open space agreement limiting the use of the land to open space and trail use. Most likely a pedestrian trail will be developed in the future that will ultimately connect to the Fremont Older Open Space area. 3. Spring Hill Court Property In 1972, an 8,000 sf parcel of land was dedicated to the City for use as a park as part of the development conditions for Tract 5243. The site is encumbered by a Santa Clara Valley Water District Easement. Access to the property would require a bridge from Springhill Ct. 116 Page 2 of 2 There are no current plans for improving the property. Development of the property would be limited to park improvements. In addition, improvements would need to take into account the flood zone. 4. Harleigh Drive Access Parcel A 2,260 sf access parcel was acquired as part of Gardner Park in 1965. The access parcel is located approximately 650 feet from the entrance to the park. The access parcel was originally going to be the entrance to the park until the City acquired the current entrance area off of Portos Drive. There are no plans or restrictions for improving this land. In 2004, the City entered into an agreement allowing the adjacent property owner to use the property (See attached agreement - Attachment 5). FISCAL IMPACTS: N/A. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Depends on direction from City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Map of property located at the corner of Quito and Pollard Roads. 2. Map of property located in Saratoga Heights. 3. Map of Spring Hill Court Property 4. Map of Harleigh Drive Access Parcel 5. Agreement - Harleigh Drive Access Parcel 117 ± P o l l a r d R o a d Q u i t o R o a d Pollard Road Properties San Tomas Aquino Creek 118 Text T O L L S A R A T O G A PIERCE G A T E R D . HEIGHTS DR.CT. D E E R S P RIN G S C T. SARATOGA HEIGHTSROAD VINTAGE L N . H A L L C O N G R E S SLN. P I E R C E CONGRESS CONGRESS SPRINGS S P RIN G SLN. VIN T N E R C T. MASSON CT. B O U G A N V I L L E A C T. Open SpaceParcel A8.4 acres Open SpaceParcel B31 acres S a ratoga Creek Dedicated PedestrianEquestrian Trail Easement ± City Limit Dedicated PedestrianEquestrian Trail Easement Saratoga Heights Properties 119 ± Springhill Court Property W i ld c a t C r e e k Springhill Court Harleigh Drive Aspesi Drive H arleig h D riv e 120 ± Harleigh Drive Property H a r l e i g h D r i v e D o lph i n Dr iv e Gardiner Park W i l d c a t C r e e k 121 122 123 124 125 126 1 SARATOGA CITY COUNCIL MEETING DATE: October 21, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Kate Bear DIRECTOR: John F. Livingstone, AICP SUBJECT: City Wide Program to plant 2,015 trees in Saratoga by the year 2015 RECOMMENDED ACTION: Direct staff accordingly. DISCUSSION: The Heritage Tree Society of Saratoga is requesting support from the City Council to create a city wide program to plant 2,015 trees in Saratoga by the year 2015. BACKGROUND: Recently there has been an effort by cities to raise awareness of global warming and promote the preservation and planting of new trees. Trees are a major factor in the reduction of global warming and often neglected in their contributions. They take in carbon dioxide to create food for themselves. They provide oxygen for us to breathe, cool our houses in the summer with their shade, absorb pollutants from traffic, and provide protection for pedestrians between streets and sidewalks. Two years ago, New York City embarked upon a tree planting mission as a public-private partnership, together with the New York Restoration Project, to plant one million new trees in 10 years. Earlier this month they celebrated the 25% mark by planting the 250,000th tree with a ceremony. The idea for 2015 by 2015 in Saratoga came in part from this New York City project. In 2007, the City of Saratoga became a Tree City USA. One of the requirements of being a Tree City is to recognize Arbor Day each year by planting a tree during an Arbor Day celebration. There is also a requirement to send in a report on the number of trees planted in the City. If approved, the Heritage Tree Society of Saratoga would initiate the project January 1, 2010, to plant 2,015 trees by December 31, 2015. The project would track new trees planted by residents and the City, with the goal of planting 403 trees per year for five years. The project would raise awareness of efforts by residents and the City to replace the urban forest. 127 2 The City currently issues approximately 400 tree removal permits a year for trees that are dead, dying, causing damage or threatening damage to structures. The condition of approval for each permit is to replant a new tree to replace the one removed. This project would track the newly planted trees. Based on this alone the City could meet the goal of 2015 trees planted by the year 2015. In addition to the above, new residential developments in the City often result in numerous trees being planted. The City Public Works Department plants new trees each year in parks and along main arterials. Since 2006, the City planted a total of 276 trees. Those trees are tracked and included in a report each year to Tree City USA and would also contribute to the 2015 trees. Elements of the project would include: 1) The Heritage Tree Society has offered to purchase and install a carved wood sign stating “Saratoga, Proudly a Tree City USA”. They would like to install the sign on Saratoga Avenue at the gateway into the city. The sign would have a place on it to keep a tally of trees planted. Volunteers would be responsible for changing the tally on the sign. 2) The Heritage Tree Society would also create a database on their website to keep track of trees planted. This would require creating a form that residents can fill out and submit to the Heritage Tree Society. Volunteers would upload the information from the forms to the database on a periodic basis. Information to be included on the database would include the date planted, number of trees planted, and location where trees were planted. A blank form could be included with every tree removal permit approved by the City, along with directions on how to submit it to the Heritage Tree Society for inclusion on the database. 3) An article about the project could be published in the Saratogan, to correspond with the kickoff of the project (winter 2010 issue), letting residents know about the project and how to include their new trees. Follow-up articles may be published as well to note progress towards the goal of planting the 2,015 new trees. ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15306 and 15307. The planting of trees and collection of information about the number of trees planted per year for five years will provide the City with valuable information that is currently not available. This information would also help the City to document the mitigation action taken by its residents to replace trees removed through the permitting process. FISCAL IMPACTS: The Heritage Tree Society would cover all costs related to the sign and provide volunteers for all activities, with minimal cost to the City. 128 3 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No official count of new trees planted will occur. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: Provide staff with direction for follow up action. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Article from the New York Times about New York City’s tree planting effort 129 MAYOR BLOOMBERG AND BETTE MIDLER PLANT 250,000th TREE TO CELEBRATE TWO-YEAR ANNIVERSARY OF MILLIONTREESNYC After Only Two Years, Million Trees NYC is 25% Complete 10-Year Effort to Plant and Care for One Million New Trees Part of PlaNYC, the Long-Term Vision to Create a Greener, Greater City Mayor Michael R. Bloomberg and New York Restoration Project (NYRP) Founder Bette Midler today celebrated the two-year anniversary of MillionTreesNYC by planting Tree Number 250,000, a Southern Magnolia (Magnolia gradiflora) at the home of Sharon and Thomas Stoney in St. Albans, Queens. The Mayor and Ms. Midler also announced the new "Put Down Roots" pilot program encouraging New York City homeowners to plant trees in their front and backyards. As part of NYC Service, launched by Mayor Bloomberg to answer President Obama's national call to service, volunteers will knock on doors and inform private homeowners about the benefits of planting trees on their property, as well as to help them obtain free trees to plant. MillionTreesNYC is a public-private partnership between the City of New York and New York Restoration Project (NYRP). At the event, Mayor Bloomberg and Bette Midler were joined by Parks Commissioner Adrian Benepe, NYRP Executive Director Drew Becher, Chief Service Officer Diahann Billings-Burford, the Stoney family, and NYC Service volunteers. "In every area of government, we not only set ambitious goals - we work to meet them ahead of schedule," said Mayor Bloomberg. "We still have a long way to go to reach the million tree mark, but the amount of progress we've made says a lot about how New Yorkers have embraced this project. With the help of NYC Service volunteers and the 'Put Down Roots' pilot program, it's easier than ever for homeowners to learn about how to plant trees and obtain free trees for planting. By planting trees in your own front and backyards, you can help green your neighborhood and create cleaner air and cooler streets, which will improve the health of all New Yorkers." "I'm overwhelmed that we are planting our 250,000th tree," said Bette Midler, Founder, New York Restoration Project. "It just proves once again that New Yorkers are the strongest, toughest and most caring people in the world." "Planting and caring for trees is a great way for New Yorkers to use their 'blank for good,' and we're so glad to partner with MillionTreesNYC to take this important initiative to the next level," said Chief Service Officer Diahann Billings-Burford. "NYC Service is recruiting volunteers to help Put Down Roots, whether that's knocking on doors to educate homeowners on the benefits of planting a tree or teaching homeowners and community members on how to care for their trees after planting." 130 "Put Down Roots" Pilot Program Begins in St. Albans on October 10th To build on the two-year success of MillionTreesNYC, this fall all New York City homeowners are encouraged to plant trees in their front and backyards. On Saturday, October 10, through the "Put Down Roots" pilot program, trained NYC Service volunteers will canvas homeowners within a 16-block radius in St. Albans to raise awareness of the campaign and offer free trees to homeowners to plant. They will also highlight the benefits of trees, encourage them to plant, register and care for trees for the benefit of their community. Residents who are interested in planting a tree in their yards will receive trees on November 7th at a community tree giveaway in Daniel M. O'Connell Playground. NYC Service volunteers will be on site to provide tips on tree planting and to assist in the transportation of the tree to the homeowner's property. This program is a new approach to engage New York City homeowners to contribute to greening entire communities. All New Yorkers will share in the many benefits that come from planting trees in their yards - more beautiful neighborhoods; cleaner air and water; higher property values; energy savings; cooler summer streets; and a healthier, more environmentally sustainable city. "MillionTreesNYC seeks to expand on its initial success - of mobilizing thousands of New Yorkers to plant and care for 250,000 young trees on streets, in parks, and in natural areas - by encouraging New York City homeowners to plant trees in their front and backyards," said New York City Parks & Recreation Commissioner Adrian Benepe. "Trees are assets to communities, and by putting down roots in their yards, homeowners can improve their neighborhoods by cleaning the air, lowering summer air temperatures, improving air quality, and slowing climate change." NYC Service was launched by Mayor Bloomberg in April and has three core goals: channel the power of volunteers to address the impacts of the current economic downturn, make New York City the easiest city in America in which to serve, and ensure every young person in New York City is taught about civic engagement and has an opportunity to serve. New Yorkers can find opportunities to serve their communities by visiting www.nyc.gov or by calling 311. Fall 2009 Tree Giveaways Homeowners participating in the "Put Down Roots" pilot program are encouraged to pick up free trees to plant in their private yards at the Fall 2009 Tree Giveaways, hosted by non-profit and community organizations citywide. Free trees will be available for adoption at select locations throughout the City this fall planting season. At each tree giveaway event, information will be available to teach New Yorkers how to plant and care for the tree. For distribution dates and locations, visit www.nyc.gov or the official MillionTreesNYC website. Through a mix of public and private plantings for MillionTreesNYC, the City of New York, New York Restoration Project, community partners and citizen volunteers are planting in places such as schoolyards and playgrounds, public housing campuses, health care facilities, business districts, commercial and residential developments, front yards and other private lands. On MillionTreesNYC Fall Volunteer Planting Day on October 24th, thousands of volunteers will plant 20,000 trees at 15 parks and public spaces across the five boroughs. 131 MillionTreesNYC Stewardship Corps Young trees face many natural and man-made threats from the urban environment and require ongoing maintenance to survive. After planting trees, New Yorkers can take care of trees through the MillionTreesNYC Stewardship Corps, which aims to engage thousands of volunteer New Yorkers who want to keep young newly planted trees healthy and growing. In addition to volunteer tree care events, the Stewardship Corps offers participants the opportunity to take a free tree care workshop, receive free tree care tools, and adopt a street tree online. The MillionTreesNYC Stewardship Corps is supported by private donations made to the Mayor's Fund to Advance New York City. MillionTreesNYC is a 10-year initiative to plant and care for one million new trees throughout the City's five boroughs and part of Mayor Bloomberg's PlaNYC, a long-term vision to create a greener, greater city. Two-thirds of PlaNYC's 127 initiatives are either completed, on-time, or ahead of schedule. MillionTreesNYC will ultimately expand the City's urban forest by 20 percent, provide New Yorkers important health, economic and environmental benefits, and create a more sustainable urban environment. Since its launch in October 2007, public, private and non-profit organizations have rallied over 6,000 citizen volunteers to plant trees in what has become an unprecedented tree planting campaign and citywide environmental movement. To learn more about MillionTreesNYC, visit www.nyc.gov or call 311. 132