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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 November 12, 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 SPECIAL PRESENTATIONS CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, November 18, 2009 1 1. Minutes – Cost Recovery Study Session – October 13, 2009 Recommended action: Approve minutes. 2. City Council Meeting Minutes – October 21, 2009 Recommended action: Approve minutes. 3. Minutes – Siemans Energy/Water Efficiency & Budget Policies Review Study Session – October 26, 2009 Recommended action: Approve minutes. 4. City Council Minutes – November 4, 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 29, 2009 November 05, 2009 6. On-going Designation of City Engineer Recommended action: Approve Resolution Confirming the On-going Designation Regarding the City Engineer 7. Citywide Signal Upgrade Project – Agreement for Professional Design Services Recommended action: 1. Approve Independent Contractor Agreement with Mark Thomas & Company Inc. 2. Authorize the City Manager to execute the same. 3. Authorize the Public Works Director to issues change orders for up to 25% of the Agreement amount. 8. Council Liaison to Saratoga Ministerial Association Recommended action: Adopt the attached Resolution amending Resolution No. 08-082 appointing Council representatives to Committees, Agencies and AdHoc Committees to include a new agency – Saratoga Ministerial Association. 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. Appeal of Conditional Use Permit Application No. CUP 09-0004: 20398 Blauer Drive, which was denied by the Planning Commission, to operate a new day care facility in the Professional Administrative Zoning District. 2 Recommended action: Deny the appeal for a Conditional Use Permit, thus affirming the Planning Commission denial issued on October 14, 2009. OLD BUSINESS 10. Website Policy Recommended action: Accept report and adopt resolution establishing a policy for the City of Saratoga website. 11. Commission Qualifications and Expiring Terms Recommended action: Accept the staff report and list of Commission qualifications and Commissioner terms that will be expiring in the next calendar year and provide staff with additional direction if needed. NEW BUSINESS 12. Urgency Ordinance for Medical Marijuana Dispensaries Recommended action: Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the establishment of medical marijuana dispensaries in order to provide the City of Saratoga with time to determine whether to adopt an ordinance regulating the location or operation of medical marijuana dispensaries. 13. Review of Facility Rental Fees and Criteria for Non-Profit Organizations Recommended action: Review and comment on the existing Facility Rental policies and rental fees for non- profit group use. 14. Parks and Recreation Commission North Campus Name Recommendations Recommended action: Accept report and select one of the names recommended by the Parks and Recreation Commission for the North Campus. 15. CaliforniaFIRST Letter of Commitment Recommended action: Accept report and approve CaliforniaFIRST letter of commitment. 16. Energy Efficiency Projects – Funding Resolution Recommended action: 1. Accept Report and provide direction to staff. 2. Approve Budget Resolution. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board 3 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) 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 4 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 November 12, 2009, for the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 12th day of November 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 5 12/1 Council Reorganization 12/2 Regular Meeting – Joint Meeting with Planning Commission 12/16 Regular Meeting – 1/6/2010 Regular Meeting Cancelled 1/20/2010 Regular Meeting 2/3/2010 Regular Meeting 2/17/2010 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 6 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Minutes – Cost Recovery Study Session – October 13, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for October 13, 2009 Cost Recovery Study Session. 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 13, 2009 Cost Recovery Study Session. 7 1 MINUTES SARATOGA CITY COUNCIL COST RECOVERY STUDY SESSION OCTOBER 13, 2009 Mayor Page called the Study Session meeting to order at 6:00PM. PRESENT: Councilmembers: Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: Susie Nagpal (Excused absent) ALSO PRESENT: Dave Anderson, City Manager Mary Furey, Administrative Services Director John Livingstone, Community Development Director Claudia Cauthorn, Ann Sullivan, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 13, 2009 Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 13, 2009, was properly posted on October 8, 2009. COMMUNICATIONS FROM PUBLIC None AGENDA ITEM : RECREATION DEPARTMENT COST RECOVERY Interim Recreation & Facilities Director Claudia Cauthorn presented the staff report. Ms. Cauthorn noted that during the budget preparation process for fiscal year 2009/2010, Council requested a Cost Recovery Study Session to review and establish cost recovery policies for the Recreation and Community Development departments in order to determine an appropriate level of cost recovery for both departments. In addition, she stated that any recommended cost recovery policies would apply to the Recreation Services and Facility Rental Divisions and would exclude the Teen Services Division, as insignificant revenues are generated from that division. She added the Building Maintenance Division would be excluded as well since this function is funded through Internal Service Funds and the costs are allocated to other operating departments. Ms. Cauthorn noted that a recent survey of various City Recreation departments in the area concluded that Saratoga has similar cost recovery rate as many other recreation departments in the area, adding that Saratoga’s current cost recovery rate is 66% and recommended that the 65% 8 2 cost recovery level adopted for the current FY budget (09/10) (excluding the Building Maintenance Division) be adopted as the minimum for cost recovery for all future budgets. Vice Mayor King expressed concerns that the City was subsidizing the recreation programs/classes with tax revenues from the general fund and that those dollars should not fund classes. She also voiced concerns that the cost recovery would be only 55% as opposed to the projected 65% cost recovery rate. In addition, she noted the citizens of Saratoga looked to the Council to retain the value of their community by funding capital expenses, such as road maintenance. Councilmember Miller voiced concerns about the difference (gap) between the 65% and 100% cost recovery rate calculation, and that it appeared that some program areas had not been included in the table. Ms. Cauthorn clarified that the activities for which Recreation receives no revenues for were not included (information referral). Staff noted that there are indirect costs that affect the department’s cost recovery, such as staff costs (salaries, benefits, etc.) time spent on telephones or at the counter assisting the public, cost of building (heating, cooling, insurance, etc.) These are daily costs that will affect the cost recovery percentage whether a facility is rented or not. Staff also pointed out that the types of programs determine the percentage profitability; noting there are basically two types of programs – community based services versus the individual based services. Community based services such as CERT training, First Aid classes, etc., are services provided as a benefit to the community. These community/city functions are less profitable than individual/private functions. Staff noted there is an opportunity to increase these revenues if facilities are used more for individual (private) functions that recoup a far greater proportion of their cost. Vice Mayor King noted that staff’s explanations did help lessen her concerns and she felt that she could explain the cost factors to residents more clearly to help them better understand the cost recovery percentages. Councilmember Miller added he would spend some time with Finance Director Furey to better understand the philosophies regarding the table provided in the staff report that depicted the benefits from the different services provided by the Recreation Department. He also noted that he was very proud of the pro-active steps taken by staff in the Recreation Department to bring awareness to the community of the variety of programs that are available to citizens of all ages. Councilmember Hunter stated the community services provided by the Recreation Department exemplify what Saratoga is all about and she does not feel that the Recreation Department can and should be 100% cost recovery. She added the Mission Statement is very important as to what you want your city to be – it is the heart and soul of the city and it provides a much-needed service to the City. Audience member Joyce Hlava commented that the Community Center facilities presented an expense to the city on a daily basis, such as heating, cooling and general maintenance and those costs would have to be absorbed somewhere – whether the facilities are being rented or not. 9 3 Mayor Page noted that many residents are very supportive of the Recreation Department and the services provided to the community, and recently named the building after Joan Pisani, the former director and founder of the recreation department. City Manager Dave Anderson noted he has asked recreation staff to be selective in the programs they offer in order to be more cost efficient. He added the department could increase their cost recovery rate by reducing the number of community service oriented classes such as CERT, First Aid, etc. and rent the facilities for more private based events, including less city use of facilities for meetings and events. City Manager Anderson stated that currently the recreation department has been focusing on providing quality programs and maintaining a 65% cost recovery rate. He asked Council to provide staff with additional direction in terms of refinement of the cost model of the budget philosophy so that they could be more cost efficient. COUNCIL CONCENSUS: Council concurred that there are other factors affecting the cost recovery percentage such as: o Cost factors associated with owning the buildings, whether or not facilities are being rented and generating income to use the facility. o Staff/overhead costs. o Economic and Market factors affect the use of facilities as well as class/activity enrollment. o Fees generated by rental of North Campus may be affected by facility use policy. DIRECTION TO STAFF: Council ended their discussion by concluding that staff should continue to improve fee-generated revenue in order to maintain the 65% cost recovery rate. Councilmember Miller will meet with Director Furey to create a cost recovery philosophy that the council can easily explain to the citizens in a manner that is understandable. Council concurred 4-1-0 with Councilmember Susie Nagpal absent. Mayor Page declared a break at 7:30PM Mayor Page reconvened the Study Session at 7:40PM COMMUNITY DEVELOPMENT DEPARTMENT COST RECOVERY: Community Department Director John Livingstone presented the staff report. Director Livingstone explained that various divisions of his department were not full cost recovery, such as many non-billable planning services and code enforcement. He noted that the city arborist spends a lot of her time in the field following up on calls regarding tree issues and the code enforcement official spends a lot of her time on the phone and in the field following up on complaints and issues regarding code violations. In addition, he stated other areas that were not cost recovery included reviewing business license applications, counter time, processing false alarm notifications, email follow-ups, heritage preservation questions and answering 10 4 questions from realtors. He added the Building Division is usually 100% cost recovery and the arborist is about 40% cost recovery. Director Livingstone noted that the CDD cost recovery rate was dependent on economic factors. He added the CDD generated significant income during good years, which helped offset operating costs; and during downturns in the economy, such as what is happening currently throughout the country, the CDD experiences a lower income to offset operating costs. Director Livingstone added that staff collected data about Community Development Departments in the cities that are normally used for comparison but were unable to get direct comparison results due to a variety of reasons, such as higher staffing in Code Enforcement, higher commercial development activity. He noted all of the cities from which they had received data for FY 2008/09 had operating costs that were not offset by revenues received; and with the exception of Cupertino, all of the cities have cost recovery rates well below 100% for their Community Development Departments. He concluded by noting staff’s recommendation to offset the impact to the General Fund is that Council adopt a policy that would enable the CDD to “bank” excess revenues over department expenses during profitable years and utilize those reserves during lower economical times when building activity is low; thereby lowering the subsidy from the General Fund. City Manager Dave Anderson added that if the CDD is dependent on a subsidy from the General Fund for part of the CDD cost recovery, part of the cost recovery policy would be that they would do their part as well to help reduce operating costs by restructuring the CDD to rely more on contractual services rather than hiring staff when the economy is good. He noted that due to the cyclical nature of the operating revenues it is suggested that the council establish such a reserve and that one third of the funds be used to offset revenue shortfall in any given year. This will offset the impact to the General Fund in years of economic downturn. Mayor Page noted he supported the “banking fund” proposal to help balance the operating costs and to minimize the impact to the General Fund. Councilmember Miller noted the Advanced Planning Department is a general obligation of the city and should not be considered for the 100% cost recovery plan and added that he supported the “banking fund” proposal as well. Councilmember Hunter was supportive of the “banking fund” proposal. Vice Mayor King noted she was supportive of the “banking fund” proposal and would like some policy stating that there is a mid-year correction if projects are slowing down and the “banking fund” is being utilized to cover department costs and we need to consider decreasing staff size. Mayor Page questioned if planning and building fees covered the cost of contractors. Director Livingstone noted the fees do cover contractor costs if a contractor is brought in to fill a position that is vacant. Audience member Joyce Hlava stated it is important to consider how much time it takes to train people to replace staff in the planning department when they are let go during economic down turns and that there is an expectation of the community to be able to go to city hall and receive 11 5 counter assistance. She also felt the “Community percentage” in the Current Planning portion of the chart on page two of the staff report should be much higher than 10%. COUNCIL DIRECTION: · Adopt a policy that enables the CDD to establish and use a buffer account to “bank” excess revenues over expenses in profitable years and as a best practice utilize up to one third of the development reserve during times when building activity is low. · Any proposed subsidy of the General Fund to cover Community Development operating costs will be highlighted in the regular budget cycle. Council concurred 4-1-0 with Councilmember Susie Nagpal absent. ORDINANCE APPROVALS AND ASSOCIATED COSTS: City Manager Dave Anderson presented the staff report noting that Councilmember Miller expressed an interest in reviewing ordinances that were approved by the Council at its January 2009 retreat as Work Plan items for the Community Development Department and City Attorney, together with ordinances approved by the Council subsequent to the retreat. Councilmember Miller also requested an analysis of costs associated with ordinance preparation. City Attorney Richard Taylor provided Council and staff with a summary of costs for ordinances prepared as a result of the Council retreat Work Plan and for non-Work Plan ordinances. Vice Mayor King expressed concerns that the ordinance costs noted by the City Attorney’s office may not cover all associated costs incurred with the Ordinance Work Plan and Non-Work Plan Ordinances. Council concluded they were pleased with the progress of the ordinance work plan and subsequent ordinances that were approved by Council. Council also expressed their acceptance of costs associated with the ordinance expenses to date. There being no additional business, Mayor Page adjourned the Study Session at 8:45PM. Respectfully submitted, Ann Sullivan, CMC City Clerk 12 SARATOGA CITY COUNCIL MEETING DATE: November 18, 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 21, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for October 21, 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 21, 2009 City Council meeting. 13 MINUTES SARATOGA CITY COUNCIL MEETING OCTOBER 21, 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 – Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) CONFERENCE –INSTRUCTION TO REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8): Wildwood Way Agency Negotiator: 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 Heritage Preservation Commission and the Historical Foundation 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 lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: Susie Nagpal – Excused Absence ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Finance Director John Livingstone, Community Development Director John Cherbone, Public Works Director Chris Riordian, Senior Planner Leo Salindong, IT Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 21, 2009, was properly posted on October 15, 2009. 14 2 ORAL COMMUNICATIONS The following people requested to speak: Citizen Ray stated strong winds caused a large oak tree to fall on Farwell Avenue in Saratoga during the recent storm. He also noted the cement plant in Cupertino dispenses 1 million tons of plant dust into the air and has been causing air pollution in the area for many years and each time it is running. He noted the public has expressed a strong interest in this issue. [Councilmember Hunter noted the Oak that fell on Farwell Avenue was listed as one of the top 20 trees year in Saratoga and was honored by the Council two years ago as such.] DIRECTION TO STAFF None COMMUNICATIONS FROM BOARDS AND COMMISSIONS Peter Marra, Chair of the Heritage Preservation Commission, addressed the Council regarding the Joint Meeting held prior to the Regular meeting this evening. He provided a report on the conclusion of the awarding of the special plaques commemorating historical places in the community. In addition, he provided a progress report regarding the evaluation of more than a hundred resources that are designated as historic sites. Bob Himel, President of the Saratoga Historical Foundation, provided a brief summary of their meeting earlier with Council, noting they manage the Historical Museum in Saratoga Village along with the McWilliams House. He stated they provide a series of programs that are historically oriented towards Saratoga and invited everyone to visit their website at www.saratogahistory.com for more information on their programs. DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Hunter reported the annual Witchy-Walk-About event will be held on Saturday, October 31 from 2 to 4 p.m. Vice Mayor King reported the North Campus Grand Opening is Friday, October 23 at 3:30 p.m. and the naming opportunity for the North Campus ends on the 23rd as well. Mayor Page reported the annual Turkey Trot Race will be held on the morning of Thanksgiving Day in San Jose. He noted this is a fund raiser for three local organizations- housing, health care and food. He invited people to visit their website at www.svturkeytrot.com for more information or to register for the race. 15 3 CEREMONIAL ITEMS 1. PROCLAMATION RECOGNIZING OCTOBER 18-24, 2009 AS TEEN READ WEEK STAFF RECOMMENDATION: Acknowledge proclamation. Mayor Page read and presented the proclamation to Teen Librarian Lisa Pirlot and her Teen Advisory Board. 2. PROCLAMATION FOR CERT FIRST RESPONDERS – RUSS SWEENEY AND DOUG MCNEIL STAFF RECOMMENDATION: Present commendations. Mayor Page read and presented the proclamation to Saratoga resident Russ Sweeney and Los Gatos resident Doug McNeil. 3. PROCLAMATION FOR “END POLIO NOW DAY” – OCTOBER 23, 2009 STAFF RECOMMENDATION: Present commendation. Mayor Page read and presented the proclamation to Paul Conrado, President of the Saratoga Rotary Club. Due to the large number of people in the audience for Agenda Item 12 – Adopt a Facility Use Policy for the North Campus, Mayor Page asked for Council concurrence to move that item up first for discussion and to move the Consent Calendar and the Public Hearing to the end of the agenda. Mayor Page and Council concurred to move to agenda item 12 as the next item of business and to move the Consent Calendar and the Public Hearing to the end of the agenda. Councilmember Hunter asked for concurrence to allow citizen Marilyn Marchetti to give the presentation regarding Item 13 – Village Entrance Sign at this time as she was not feeling well and would be leaving the meeting. Council concurred to allow Ms. Marchetti to give her presentation regarding Item 13 prior to Item 12. Marilyn Marchetti, member of the Saratoga Village Development Council, addressed the Council regarding the design of the proposed Village Entrance Sign. CONSENT CALENDAR Council returned to the CONSENT CALENDAR at 10:30PM 16 4 4. CITY COUNCIL MEETING MINUTES – OCTOBER 7, 2009 STAFF RECOMMENDATION: Approve minutes. Mayor Page removed this item for one small correction. PAGE/KING MOVED TO APPROVE CITY COUNCIL MEETING MINUTES – OCTOBER 7, 2009. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. 5. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: October 01, 2009 October 08, 2009 KING/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES OCTOBER 01, 2009 AND OCTOBER 08, 2009. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. 6. TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2009 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended August 31, 2009. KING/MILLER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2009. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. 7. IT SUPPORT CONTRACT RENEWAL WITH ZAG TECHNICAL SERVICES STAFF RECOMMENDATION: Accept report and approve renewal contract with ZAG Technical Services. Councilmember Miller removed this item for clarification. KING/HUNTER MOVED TO APPROVE RENEWAL CONTRACT WITH ZAG TECHNICAL SERVICES. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. 8. MOTOR VEHICLE (MV) RESOLUTION AUTHORIZING NO PARKING STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing No Parking on Bankmill Road MV RESOLUTION NO. 284 17 5 KING/MILLER MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING NO PARKING ON BANKMILL ROAD. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. Council moved to Item 13 after approving Consent Calendar. PUBLIC HEARINGS 9. PUBLIC HEARING AMENDING FEE SCHEDULE (RESOLUTION 09-019) TO INCLUDE KEVIN MORAN PARK STAFF RECOMMENDATION: 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. Interim Director Claudia Cauthorn presented the staff report. Mayor Page opened the public comment period. No one requested to speak on this item. Mayor Page closed the public comment period. RESOLUTION NO. 09-055 HUNTER/KING MOVED TO APPROVE RESOLUTION AMENDING THE CITY’S FEE SCHEDULE EFFECTIVE FOR FISCAL YEAR 2009/10. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. OLD BUSINESS None NEW BUSINESS 10. PROPOSITION 1A SECURITIZATION PROGRAM STAFF RECOMMENDATION: Review Prop 1A Securitization program option, adopt resolution, and approve purchase and sale agreement to participate in the securitization program. Administrative Services Director Mary Furey presented the staff report. Mayor Page opened the public comment period. No one requested to speak on this item. Mayor Page closed the public comment. RESOLUTION NO. 09-053 18 6 KING/HUNTER MOVED TO ACCEPT PROPOSITION 1A, ADOPT RESOLUTION AND APPROVE PURCHASE AND SALE AGREEMENT TO PARTICIPATE IN THE SECURITIZATION PROGRAM. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. 11. INITIATION OF ANNEXATION OF AN APPROXIMATELY 39,640 (GROSS) SQUARE FOOT PARCEL (APN 503-13-138) LOCATED AT 22215 MOUNT EDEN ROAD. STAFF RECOMMENDATION: Staff recommends the City Council approve the attached Resolution thereby initiating the annexation of 22215 Mount Eden Road. Senior Planner Chris Riordan presented the staff report. Mayor Page invited public comment. No one requested to speak on this item. Mayor Page closed the public comment. RESOLUTION NO. 09-054 KING/MILLER MOVED TO APPROVE THE ATTACHED RESOLUTION THEREBY INITIATING THE ANNEXATION OF 22215 MOUNT EDEN ROAD. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. Mayor Page asked for Council concurrence to move to Item 9 for the next item of business. Council concurred. 12. ADOPT A FACILITY USE POLICY FOR THE NORTH CAMPUS STAFF RECOMMENDATION: Amend the existing building policies to include hours of use for the North Campus site. Item started at 7:50PM Interim Recreation Director Claudia Cauthorn presented the staff report. Mayor Page invited public comment The following people requested to speak on this item: Scott Wheelright, member and representative of Latter Day Saints Church, spoke in support of the West Valley Muslin Association (WVMA) and offered their church facility to WVMA for them to hold their Ramadan events in the event North Campus wouldn’t work out. 19 7 The following speakers addressed the Council in support of 8:00AM to 11:00PM – inclusive of cleanup time; and to grandfather in existing users such as the WVMA, which could extend the hours for WVM to 11:15 or 11:30 during certain times of the Lunar Calendar: Isbal Mirza Anwar Awad spoke on behalf of Dr. Yacoub Elzig Reshma Hder Hume Qureshi Abdul Ghori Safeer Mohiuddih Asham Heider Hasham Hyder Yacouba Traore Ahmad Torjama Imtiaz Quresiti Sarah Azad Hera Hyder Kareem Syed Kamran Khan Aladdin Bakri Muzaffer Haider Ann Waltonsmith Peter Marra Arvin Engelson Shahid Siddiqui Razi Mohiuddin Jack Mallory The following people addressed the Council asking that the North Campus hours be set at 8:00AM to 9:00PM on weekdays and 8:00Am to 10:00PM on weekends inclusive of cleanup time: Roger Piazza Tom Saari Bill Ford Denise Goldberg Patty Woolcock felt 10:00PM was a reasonable time to empty the parking lot; stated she supported grandfathering in WVMA and asked that whatever the usage rules are, they also apply to the Sheriff’s deputies. Graham Mastyn supported having the parking lot emptied by 9:30PM Mayor Page declared a break at 9:05PM Mayor Page reconvened the meeting at 9:15PM Paul Hernandez suggested using the facility for a while and then make a decision regarding the hours of usage. 20 8 Mayor Page closed the public comment period. Council thanked all the members of the audience for the respectful manner in which they presented their opinions. VOTE ON FACILITY USE OF NORTH CAMPUS: KING/MILLER MOVED TO ADOPT ALTERNATIVE “F” GRANDFATHERING THE EXISTING USERS OF THE NORTH CAMPUS AT A NORTH CAMPUS LOCATION SPECIFIED BY THE CITY BETWEEN THE HOURS OF 8:00AM AND 11:00PM INCLUSIVE OF “CLEAN UP TIME” 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 EXTENDED HOURS OF USE 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. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. VOTE ON HOURS OF USE: Vice Mayor King made a motion to accept Alternative “D” regarding hours of use. Councilmember Miller requested a friendly amendment to that motion allowing staff to request an increased deposit for groups that declare they will be doing “cleanup” between 10:00PM and 11:00PM and that the rental group would forfeit the deposit if the cleanup was not done quietly. Vice Mayor King accepted the friendly amendment. KING/MILLER MOVED TO ADOPT ALTERNATIVE “D” ALLOWING (1) USE OF THE NORTH CAMPUS FROM 8:00AM TO 10:00PM DAILY EXCLUSIVE OF “CLEAN UP”, WHICH CAN OCCUR AFTER 10:00PM AND GUESTS MUST LEAVE BY 10:00PM – (MATCHING THE FOOTHILL CLUB REQUIREMENTS); AND (2) ALLOWS STAFF TO REQUEST AN INCREASED DESPOSIT FOR GROUPS DECLARING THAT THEY WILL BE DOING “CLEAN UP” BETWEEN 10:00PM AND 11:00PM AND THE CLEANUP IS NOT DONE QUIETLY. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. VOTE ON OPEN SPACE LOCATED AT STREET FRONTAGE AREA OF NORTH CAMPUS GROUNDS: KING/MILLER MOTIONED TO ADOPT EXISTING OUTDOOR PARK USE POLICY TO INCLUDE STREET FRONTAGE OPEN SPACE AREA AT NORTH CAMPUS. MOTION PASSED 4-1-0 WITH NAGPAL ABSENT. 21 9 Item concluded at 10:00PM Due to a significant number of people in the audience for Agenda Item 15 – City Wide Program to plant 2,015 trees in Saratoga by 2015, Mayor Page asked for Council concurrence to move this item up next for discussion. Council concurred. 13. VILLAGE ENTRANCE SIGN STAFF RECOMMENDATION: Approve design and installation of Village Entrance Sign John Cherbone presented the staff report. Mayor Page opened the public comment period. The following person requested to speak on this item: [Marilyn Marchetti, member of the Saratoga Village Development Council, addressed the Council earlier in the evening regarding the design of the proposed Village Entrance Sign.] Paul Hernandez suggested the Village Entrance Sign be in gold leaf rough hewn letters and added the signage should be integrated into a fence barrier with shrubbery to help provide safety to people in the Blaney Plaza area from traffic on Saratoga Avenue. No one else requested to speak on this item. Mayor Page closed the public comment. DIRECTION TO STAFF: Continue to work on the final draft and implementation plan of the Village Entrance Sign and bring back to Council on a future agenda as a Consent Item. Council also stated they would like the gold leaf letter coloring on the sign so that it would be consistent with other signage in the community and to photo shop the exact location of the sign into the final photo of where the proposed sign will be placed at Blaney Plaza. Mayor Page asked for Council concurrence to move to Item 11 for the next item of business. Council concurred. 14. UNDEVELOPED CITY OWNED PROPERTY STAFF RECOMMENDATION: Accept report and provide direction to staff. Public Works Director John Cherbone presented the staff report. Mayor Page invited public comment. 22 10 The following person requested to speak on this item: Paul Hernandez inquired if the City paid taxes on these parcels of land. Mayor Page noted the City does not pay taxes on these parcels. Mayor Page closed the public comment period. Vice Mayor King noted she requested to have this item agendized so that Councilmembers were aware of these parcels of land. Council determined that the current economy was not conducive to selling property at this time and recommended waiting until the economy improved. Council moved to Item 14 at 11:00PM 15. CITY WIDE PROGRAM TO PLANT 2,015 TREES IN SARATOGA BY THE YEAR 2015 STAFF RECOMMENDATION: Direct staff accordingly. Kate Bear, City Arborist, presented the staff report. Ms. Bear noted the Heritage Tree Society of Saratoga has offered to create the data base that would track the planting of new trees and they would post this information on their website. The City website would provide a link to the Heritage Tree Society. She noted the Heritage Tree Society has offered to purchase and install a sign on Saratoga Avenue stating: “Saratoga Proudly a Tree City USA”. She added the sign would indicate how many trees have been planted and volunteers have offered to periodically update the sign indicating how many trees have been planted. Mayor Page invited public comment. The following people requested to speak on this item: Cheriel Jensen spoke in support of this project. Denise Goldberg spoke in support of this project. Kathy Forte, Director of Gate House Homeowners Association noted residents are excited about this project. Mayor Page closed the public comment. Council concurred that this was an interesting project and noted there are a number of issues that would need to be defined and resolved, such as how much staff time this project would require, funding issues, where to plant trees, verification of newly planted trees, and how would the data regarding the number of trees planted be logged and by whom. 23 11 Council noted the proposed signage indicating Saratoga was a “Proud Tree City USA” was a good idea and added this also needed additional research. Council was supportive of this project and suggested the Saratoga/Monte Sereno Community Foundation be contacted to see if they would be interested in partnering with the City and if they would be interested in helping to raise funds or provide a grant. Council also suggested including this proposal in the next Saratogan, which would be the winter edition. Mayor Page asked for Council concurrence to move to the Consent Calendar for the next item of discussion. Council concurred. Council moved to the Consent Calendar at 10:30PM. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page – reported: Hakone Foundation Executive Committee – he attended meeting the last meeting; they welcomed back Beverly Harada to the Board of Directors; upcoming events include a 2010 Lunar Celebration for the Year of the Tiger and some interesting artwork related to this event. Peninsula Division, League of California Cities – voted on a Proposition that will forever limit states ability to take money from local governments. He asked councilmembers to provide their personal email addresses to Rebecca Elliott so they will be included in the email communications regarding this issue. West Valley Sanitation District – met and they updated some ordinances. West Valley Mayors and Managers Association – Los Gatos has passed a moratorium on medical marijuana stores. Vice Mayor Kathleen King – had nothing to report. Councilmember Jill Hunter – reported: Historical Foundation – she attended the last meeting and noted three archeologists from CalTrans have been studying significant historical sites along Highway 9. Heritage County Commissioner April Halberstadt has been working with CalTrans to install “historical” signage along Highway 9 depicting the historical sites. In addition, there have been a number of organizations, such as Eucalyptus Magazine, Relocation Magazine, Mercury News and Contra Costa Times that have been featuring Saratoga landmarks. Library Joint Powers Association – meets next week Santa Clara County Valley Water District Commission – meets next week. Councilmember Howard Miller – reported: Chamber of Commerce – has moved to their new location and they will be scheduling a meeting with the City Manager to discuss their budget. KSAR – hired summer interns with the CDBG money that the City provided to them earlier in the year. The interns produced a large number of educational videos regarding Saratoga events and he is hoping some of them will attend a future Council meeting and provide a summary of what they accomplished. Councilmember Susie Nagpal – absent. 24 12 CITY COUNCIL ITEMS Vice Mayor King noted the West Valley Community Services attended the last Rotary meeting and gave a presentation on a newly acquired refrigerated truck that they will be using to collect excess fruits and vegetables from local growers to make available to people needing assistance. They asked if Council could agendize this on an upcoming meeting so that they could inform the community of this new service they will be providing. Mayor Page seconded this request. Vice Mayor King also requested staff to provide an update in the next Council Newsletter regarding the status of the ABAG Renewable Energy Program for Homeowners. Mayor Page noted Council will look at Councilmember Susie Nagpal’s outside agency assignments at a later date. CITY MANAGER’S REPORT None ADJOURNMENT There being no further business Mayor Page asked for a motion to adjourn. KING/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 11:30PM. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk 25 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Minutes – Siemans Energy/Water Efficiency & Budget Policies Review Study Session – October 26, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for October 26, 2009 Siemans Energy/Water Efficiency & Budget Policies Review Study Session. 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 26, 2009 Study Session. 26 1 MINUTES SARATOGA CITY COUNCIL STUDY SESSION OCTOBER 26, 2009 SIEMANS ENERGY/WATER EFFICIENCY STUDY & BUDGET POLICIES REVIEW PRESENT: COUNCILMEMBERS: Mayor Page, Jill Hunter, Howard Miller, Vice Mayor Kathleen King ABSENT: Susie Nagpal (Excused absence) STAFF: Dave Anderson, City Manager John Cherbone, Public Works Director Ann Sullivan, City Clerk Crystal Morrow, Administrative Analyst II Siemens Representatives: Kelly Ferguson, Rylan Ortiz, Rolando Toledo, Alex Ramos, Bala Jayaraman, and HydroPoint Data Systems representative Ben Slick AGENDA ITEM 1 – Presentation of Siemens Clean Energy Project Preliminary Study Results. On March 4, 2009 Kelly Ferguson presented a slide show on the Siemens Energy Management Program. At that meeting Council signed a memorandum of understanding allowing Siemens to conduct a free preliminary study of the City’s energy and water use. The purpose of this Study Session is for Siemens to present the results of that study. Ms. Ferguson stated the study indicated the City’s annual utility spending is $400K with 55% going towards water, 5% going towards gas, and 40% going towards electricity. She noted that while the City has already carried out a number of energy saving projects there are two areas – water consumption and energy use that could be improved to help reduce operating costs for the City. Siemens identified potential areas for energy efficiency improvement measures: o PC Power Management o HVAC Upgrades o Building Envelopes o Solar Thermal o Window Film o Plug Load Controller o Thermal Storage o Solar Water Heating o Cool Roofs Ms. Ferguson noted the Siemens Energy Management Program uses energy performance contracting, which is a financing mechanism that allows client organizations to carry out “clean” energy projects without an upfront investment. She added energy performance contracting can be used for energy 27 2 efficiency, water saving, renewable energy projects and more; and the initial project costs would be financed by Siemens, who is then repaid through savings that result from the project. She added Siemens would help provide a financing solution so that much of the energy services program is self-funding; and Siemens’ proposals guarantee energy, water, and operational savings so there is no risk to the City in accomplishing the facility improvements. The proposed project options included: OPTION 1: Lighting upgrades, PC power management, irrigation controls, streetlight upgrades at a cost of $1 million with a 10-year payback. OPTION 2: HVAC upgrades at a cost of $1.4 million with a 20-year payback. OPTION 3: HVAC upgrades and library photovoltaic system at a cost of $4.2 million with a 30-year payback. Discussion took place regarding areas of recommended cost saving improvements: Street Lights and Park Lighting: Ms. Ferguson noted the current technology options are Induction Lighting, a form of fluorescent lighting, or LED – with payback comparable to the LED option, but at a lower cost per fixture. Councilmember Hunter noted the City does not have many street lights. Ms. Ferguson acknowledged there are a limited number of Lighting and Landscape Districts with street lights that may be in need of an upgrade; this could be discussed in a more detailed study with the Public Works Director. City Manager Dave Anderson stated the City has 455 lights; the City owns 182 and PGE owns the rest. Library Solar Heating: Ms. Ferguson stated the potential facility improvement measures at the Saratoga library would be solar photovoltaic with capital contribution offsets – 30% of consumption; long payback; has limited roof space for solar panels. The parking lot could be reconfigured to accommodate solar panels, but it would increase the cost. Ms. Ferguson noted Siemens would like to look at the city hall complex overall to see what the potential is for the installation of solar energy at a more affordable cost, thus continuing Saratoga’s statement that they are a sustainable City. Councilmember Hunter noted that solar equipment is changing all the time and is getting smaller as technology develops with solar panels continuing to become more efficient. Ms. Ferguson responded that may be true on a larger scale as opposed to a smaller scale and the solar panels are becoming more efficient. She added they have been receiving lower equipment pricing from local solar companies and accompanied by the faster payback terms; this has allowed them to create a package that has a more reasonable payback period. She added, in terms of capital expenditure, the City could reduce their overall cash flow by taking advantage of the solar rebates that are available from the state. 28 3 Ms. Ferguson also noted there would be some capital expenditure for the street lighting. Discussion took place regarding the “Overview of Refined Options” as noted in the handout and Councilmember Miller inquired about the cost range - $1.4 million – being the same for Option 2 and Option 3. Vice Mayor King commented about the actual cost savings; noting that for each dollar spent, we would save a dollar over the next 10 years and with interest we wouldn’t see any savings until after 10 years and questioned if Siemens could guarantee that there wouldn’t be any change in technology during that time. Councilmember Miller noted that this program provides the City with an option to fund all the recommended improvements without utilizing City funds. Ms. Ferguson stated that once the City decides on which project they would be interested in implementing, Siemens would help with financing options; adding Siemens does not provide financing and the City is not obligated until financing is secured. Councilmember Hunter noted that her concern focused more on the water consumption costs than on electricity costs, especially if water rates will be increasing by 30%. Vice Mayor King agreed with Councilmember Hunter that our priority should be on water efficiency since that is 55% of our annual utility costs, noting that there was no clear data in the proposal on how Siemens could implement a program to help the City be more water efficient. Ms. Ferguson responded that would be the next step – a Detailed Study at the cost of $50,000. This phase would first require a “Letter of Intent” to move forward with the Detailed Study. She noted that if the City decided to move forward with the Letter of Intent, the $50,000 Detailed Study cost would be rolled into project financing and would not be a direct cost to the City, unless the City decided not to move forward after Siemens met the City’s detailed project criteria. Siemens representative Bala Jayaraman, added that they believe there is an energy savings project that will meet the criteria for the City, and the Letter of Intent ensures that Siemens will put in writing what the criteria is and that they will meet the criteria that the City has defined in the Letter of Intent. Councilmember Miller expressed his concern regarding the accuracy of a Detailed Study to acquire meaningful baseline data on the newly completed North Campus and Kevin Moran Park facilities, and Congress Springs Park. In addition, he asked what establishes acceptable criteria for the Letter of Intent. Mr. Jayaraman replied that it would include items such as financial criteria in terms of how much payback the City would want, capital expenditure contributed by the City, interest rates, payback period, and is the project financeable. He added a 10-year payback period would be a recommended criteria; adding they would not recommend a payback period to be the same number of years as the life expectancy of the equipment. 29 4 Mr. Jayaraman stated that since the risk Siemens takes is based on the performance, they would ensure that the baseline the City is currently working on is correct and the only way they can do that is to measure it. Mayor Page noted that staff should include in the Letter of Intent the cost incurred by the City to complete the recent facility improvements and that cost should be included in the payback criteria. Vice Mayor King suggested staff provide data on which energy efficient equipment they have already installed in the last 3 years and the projected cost efficiency percentages they expect to see from those installations before any equipment is changed. She also indicated she would like additional understanding and reference verifications before moving on to the next step. City Manager Dave Anderson made an observation that if Siemens performs the Detailed Study, it should develop cost efficiency data on equipment that has already been installed. Council could establish the criteria, noting Council has indicated in the preceding discussion they would like: Ø 10 or 15 year payback period. Ø 25% savings on electricity and water. Ø 15 to 20% longer useful life than the payback. In addition, City Manager Anderson noted that with those parameters, Siemens would have to conduct research to indicate whether or not they could meet those parameters to attain Council’s goals. City Manager Anderson summarized the alternative directions: Ø Staff should provide a report on what they have already done in the past three years and what they can continue to do to be more energy efficient. Ø Council would develop criteria for Siemens to conduct a detailed study. They would then determine whether or not they could meet the criteria. Vice Mayor King noted Council could give direction to proceed with both recommendations. Councilmember Miller stated he would like to know more about what the valid criteria options are. Councilmember Hunter noted that a Councilmember was absent and this Councilmember had expressed concerns at the first Siemens’ presentation and noted that she wanted more research conducted before moving forward. Mayor Page noted that is what this study session is providing – the process to look at the energy efficient options that are available before moving forward. Siemens representative Bala Jayaraman stated that they would provide Letter of Intent criteria that they have been presented with over the last several years from other cities in order to help staff and Council determine the criteria they would like to present in their Letter of Intent. Council and staff was in agreement with Mr. Jayaraman’s suggestion and noted that after they received that compiled sample criteria from Siemens, another Council Study Session could be scheduled to go over that data and determine the criteria that would be best for the City of Saratoga. 30 5 DIRECTION TO STAFF: · Schedule a future study session to go over criteria that will be provided by Siemens and at that Study Session Council will establish the criteria they would like staff to present in a Letter of Intent, if Council decides to move forward. Council concluded discussion on Agenda Item 1. AGENDA ITEM 2 – Budget Policies. Finance Director Mary Furey presented the staff report. Director Furey noted that as of the October 13, 2009 Cost Recovery Study Session, Council direction affirmed the Recreation Department’s stated cost recovery goal of approximately 65%, in alignment with recovery obtained by other surveyed Recreation Departments. In addition, Council did not establish a cost recovery rate for the Community Development Department as it was determined there was not enough consistent financial information to make a valid decision. Council did, however, establish a fund balance policy for the Development Reserve which allows for the utilization of up to one-third of the fund balance reserve to offset revenue shortfalls. This new policy is to include direction that Community Development Department excess revenues over expenditures would be allocated into the Development fund balance reserve in order to build the reserve up in more profitable years, for use in years in which revenues drop below expenses. This mechanism is intended to mitigate the economic impacts of revenue peaks and valleys that occur with development activities over multiple year cycles. Ms. Furey noted that there are budget policies and budget practices and wouldn’t recommend incorporating all the “practices” into the budget document. She added due to council changes and changes in general, budget policies are an on-going process. Ms. Furey also pointed out the budget document itself is a budget policy statement and when council adopts the budget it’s an operations plan, – a financial plan, a policy document and a communications document, and that is why narrative is included; it helps to explain the what, why, and how, rather than just focusing on numbers. Director Furey added that typically most budget policies are not set up for one year, they are usually ongoing. Vice Mayor King inquired about the 65% cost recovery policy for the Recreation Department. Director Furey stated the 65% cost recovery policy for the Recreation Department was noted in the summary narrative of the last fiscal year operating budget that was adopted by Council. She added the budget policies Council adopted as part of the overall Financial Policies Statements and Cost Recovery Study Session will be incorporated into the next fiscal year budget. Councilmember Miller inquired if the minimum fund balance reserve of at least 20% is the same as the operating reserve balance that was adopted July 1, 1999. Director Furey stated it was not; it came about as a result of a recent credit agency rating of the city – that having a policy stating an overall fund balance reserve of 20% of operating expenditures in the General Fund for working capital cash balance is viewed favorably by the rating agencies. 31 6 Vice Mayor King recommended staff clarify that statement by re-wording the policy to say “over all General Fund reserve” so that the statement wouldn’t be questioned in the future. DIRECTION TO STAFF: · Re-word statement regarding “minimum fund balance reserve” to say “over all General Fund reserves” so that the statement wouldn’t be questioned in the future. Councilmember Miller inquired about the minimum annual funding goal of $1,000,000 for CIP Streets/Pavement Management program and how this fits in the road budget City Manager Anderson stated the City receives about $600K in gas tax which has to be spent on road maintenance. Staff realized that in order to maintain our pavement management index we would need at least $1,000,000; adding that this has been a long term goal of the city to do this. The City Council made a commitment to establish $1,000,000 in funding to maintain our pavement management index by supplementing the $600,000 that we receive from the state initially with the TEA funding, which was subsequently replaced with funding from the road impact fee. Councilmember Miller asked how much of the TEA money is used to supplement the million dollar fund. Mr. Anderson stated the road impact fees were used and no TEA dollars were used at this point. Vice Mayor King asked if the state has taken away the gas tax revenues during the last couple of years. Director Furey noted the state has not. Councilmember Miller questioned if the statement regarding ‘The $300,000 of designated TEA proceeds previously transferred to the CIP Streets/Pavement Management program was reverted back to the General Fund effective with the FY 2008/09 budget’ needed to remain in that summary statement. Director Furey noted that it no longer needed to be included. Vice Mayor King inquired if the CIP Streets/Pavement Management program was originally set at $1.2 million. Director Cherbone stated the road impact study goal was estimated at $1.4 million to stay at a PCI of 72; however the funding goal is set at $1 million minimum. Mr. Anderson added the state and the federal governments provide supplemental funding on a fairly regular basis through the grant and supplement city revenues to assist the City in achieving this goal. Vice Mayor King recommended the summary should state that in order to stay at 72 PCI the Streets/Pavement Management program requires $1.4 million funding and the policy is to spend at least $1 million in local funds each year. Mr. Anderson noted that staff could seek grants or federal monies for the remaining portion. 32 7 Vice Mayor King noted the funding history that was used to fund the CIP Streets/Pavement Management program was originally with VTA grants and when that money was no longer available we tried to implement a Utility Tax and that didn’t pass, so we agreed to supplement the fund with TEA money and currently the Vehicle Impact Fee is used to fund that program. Director Cherbone acknowledged that the city did receive money from Measure B, which no longer exists, and now from Prop 42. Mr. Anderson noted there have been three structural funding sources for the CIP Streets/Pavement Management program and that should be noted in the summary wording. Councilmember Miller added that history should be included in the summary as well. DIRECTION TO STAFF: · Remove the last sentence from the seventh bullet in the Appropriations and Budgetary Control summary of the Financial Policy Statements, ‘The $300,000 of designated TEA proceeds previously transferred to the CIP Streets/Pavement Management program was reverted back to the General Fund effective with the FY 2008/09 budget’. · The summary in the Appropriations and Budgetary Control section should include wording that states “In order to stay at PCI of 72, the CIP Streets/Pavement Management program requires $1.4 million. The policy is to spend at least $1 million. Councilmember Miller asked for clarification on the allocation of the $100,000 TEA dollars for facility improvements. Director Furey noted that money goes towards major capital improvements for facilities such as HVAC systems and minor improvements such as re-keying door locks. Mr. Anderson added we were behind on funding of capital equipment for facilities and as a result Council dedicated a revenue source to that program. Facilities Supervisor Thomas Scott implemented a 5-year program to bring facilities up to par, noting staff is currently half way through the facility updates. Vice Mayor King noted that originally TEA funds were used mostly for pro-active capital uses such as roads and the Sheriff’s contract and now it is mostly being used for staff through the General Fund. Mr. Anderson noted that TEA dollars really aren’t for staff and proceeded to distribute a handout depicting TEA funding allocations: o Additional hours for Sheriff’s patrol, o Additional street maintenance, o Additional Facility maintenance, o Funding for the Saratogan, o Funding for street sweeping in the Village, o Spot color for medians, o Addition of Administrative Analyst position to support reactivating commissions, 33 8 o Convert two temporary positions to benefitted positions (maintenance/technical) Councilmember Miller stated that basically half the TEA money is being spent on Council priorities and the other half goes to the General Fund. Director Furey and City Manager Anderson noted the General Fund does support everything else, including the Sheriff’s contract, staff, etc. Councilmember Miller asked if the TEA Funding Allocation list that was distributed represents Council policy. Director Furey noted staff hasn’t been directed differently and City Manager Anderson added that staff continues to fund the expenditures that Council set forth as on-going expenditures from this source in 2007/08. Director Furey noted Council would have to direct staff to discontinue specific expenditures – such as the publication of the Saratogan – if that is what Council desired. Vice Mayor King stated the issue is the $385,000 that is going into the General Fund in order to cover the operational costs of the City. Director Furey noted the Sheriff’s contract alone had increased $500,000 in the last three years. Vice Mayor King stated property taxes would increase over the years and would help offset those increases; the number of employees could be reduced over the years as some areas will become more automated. Mr. Anderson stated the problem is that external costs continue to increase and the property tax rate is decreasing and at some point those factors will be problematic and will require a significant decrease in services. City Manager Anderson proceeded to distribute a handout depicting Public Safety Costs for Law Enforcement Contracts for FY 2006/07, 2007/08, 2008/09 and 2009/10; including data reflecting the percentage increase for the Sheriff’s contract for those years; and a hand out depicting actual employee salaries and benefits for FY 2007/08, estimated employee salaries and benefits for FY 2008/09; and adopted employee salaries and benefits for FY 2009/10. City Manager Anderson noted that in the past, the annual increase for the Sheriff’s Office contracts were at seven, eight, and nine percent and as a result the contract cities met and informed the Sheriff’s Department that the cities were contemplating creating their own law enforcement department unless the Sheriff’s Department agreed to a new agreement. The contract cities collectively negotiated a new agreement with the Sheriff’s Department that included price caps, and that is why their contract is limited to four or five percent. Council discussed the Sheriff’s budget and the services provided by the Sheriff’s department and noted they were pleased with the services that were provided. 34 9 Councilmember Miller stated he agreed that the level of funding for the Sheriff’s Office is great and the level of service is great, however he questioned the fact that the funding for the Sheriff’s Department is a quarter of the annual budget and yet nothing is noted about that in the budget summary. City Manager Anderson concurred with Councilmember Miller and stated that the Sheriff’s contract is the largest expenditure for the city and there is nothing noted about it; adding that there must be some policy or criteria that could be noted in the summary. Vice Mayor King noted that since the contract is limited to a specific percentage increase each year, why not include that in the budget summary. City Manager Anderson noted staff would look at the Sheriff’s Contract to see if there are any policies that could be noted in the budget summary. DIRECTION TO STAFF: · Review Sheriff’s contract for specified policy requirements that could be noted in the budget summary. Council proceeded to discuss the CIP policies. They noted $50,000 has been set aside for sidewalks; $50,000 for storm drains; and $300,000 for hillside reserves. They also discussed whether or not to implement a policy regarding the Discretionary Fund. Director Furey noted the Discretionary Fund use is a practice item – not a policy item. City Manager Dave Anderson added Council could establish goals for the Hillside Reserve Fund and staff would start building on those goals by adding specific amounts as directed by Council each budget cycle. Council decided to establish a goal of $1 million dollars in the Hillside Reserves to be funded at $100,000 per year for the next 10 years. Council discussed the Traffic Safety Program projects and how to fund those projects. Council also discussed funding building replacement and land acquisition. DIRECTION TO STAFF: · Build the Hillside Reserve Fund to one million dollars at $100,000 a year for the next 10 years. · Note in the next fiscal year budget summary (narrative): Ø It is Council Practice to establish CIP annual funding of $50,000 for sidewalks, $50,000 for storm drains, and to build a $1 million hillside reserve fund – to be funded at a $100K a year for the next 10 years. Ø Traffic Safety projects will be handled in the CIP on an “as needed basis” for Council prioritization. · Establish a Property/Facility Acquisition Replacement Reserve. This fund is intended to build capital for future property acquisition and future facility replacement. · Include in budget policy that future councils pursue remaining TEA funds. 35 10 Director Furey noted the GFOA will be changing the rules on Fund Balance Reserves and this sinking fund practice may have to be addressed in the next budget cycle. Vice Mayor King also expressed an interest in developing a retrospective ten-year trend on revenue and costs. City Manager Dave Anderson noted that we already have retrospective data for the past several years and it is continually being refined. In addition, Director Furey is working on a five-year prospective trend. Director Furey noted that past finance directors had completely different funds and accounting practices and those practices don’t exist any longer. Councilmember Miller added that with Director Furey’s efforts, much of the revenue and cost trend has already been established for the past five to seven years – such as employee data. Vice Mayor King stated she would like the five-year trend data with a goal of ten years included in the budget policies. Councilmember Miller clarified the retrospective and prospective trend data request stating it would be a five year goal with ten years of trend data. Director Furey noted she will keep accumulating it over the next five years. There being no additional business Mayor Page adjourned the Study Session at 9:05. Respectfully submitted, Ann Sullivan, CMC City Clerk 36 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – November 4, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the November 4, 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 November 4, 2009 37 MINUTES SARATOGA CITY COUNCIL MEETING NOVEMBER 4, 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 – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b) (1 potential case) CONFERENCE – INSTRUCTION TO REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8): Wildwood Way 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 Ministerial Association 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 led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: Susie Nagpal (Excused Absence) ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Ann Sullivan, City Clerk Mary Furey, Finance Director John Cherbone, Public Works Director John Livingstone, Community Development Director Cynthia McCormick, Associate Planner Kate Bear, City Arborist REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 4, 2009, was properly posted on October 29, 2009. 38 2 ORAL COMMUNICATIONS The following people requested to speak: Citizen Ray addressed the Council regarding the pollution from the Lehigh Cement Plant in Cupertino. He stated he recently attended a meeting in Sacramento regarding this concern. Grover Steele addressed the Council regarding the October 13th article in the Saratoga Newspaper about the proposed Community Garden by the Peck family and the potential development of the West Valley Water District property bordering the Saratoga Creek; he stated he does not support this proposal. Naomi Matsumoto expressed her appreciation of the support shown by the City Council for the West Valley Community Services program. She noted they have seen a 30% increase in participation from a year ago from people who need their services. She added they are having a difficult time keeping enough donated food items available for the people who are in need and welcomed any and all donations. Vice Mayor King asked if they had enough volunteers for serving food on Thanksgiving Day. Ms. Matsumoto noted they have enough servers lined up for that day; however they do need volunteers to adopt seniors for the Adopt a Family Program for the holidays. Vice Mayor King asked how people could get excess produce from their fruit and vegetable trees to West Valley Community Services. Ms. Matsumoto stated people could drop the excess produce off at the West Valley Community Services office or they could call their office to schedule a time where they could meet at the Los Gatos location to pick up the donated produce. Janice Gamper addressed the Council regarding the discontinued public transportation services for people that needed transportation services later in the evening and asked how she could get transportation assistance for her and her father. DIRECTION TO STAFF Mayor Page suggested Ms. Gamper call 211 for transportation assistance. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Reverend Eric Swanson from West Hope Presbyterian Church provided a brief report on the Joint Meeting with the Ministerial Association prior to the Regular Council meeting. He noted the association meets once a month and their goal is to continue networking with the various communities of faith within Saratoga to build a community of peace. They expressed an interest in working with the City to reach out together to build community. Reverend Swanson invited all Saratoga communities of faith to participate in the Thanksgiving Dinner Interfaith celebration on Thanksgiving Day at Congregation Beth David. In addition, he invited everyone that would like to be more involved in the 39 3 community to visit their website at www.SaratogaServes.org – a program that was enacted in 2008 that promotes service and good will in the Saratoga community. Mayor Page took this opportunity to invite the members of the Ministerial Association that were in attendance to join him on the Dais so that he could present them with a proclamation declaring the month of November as “National Family Care Givers Month”. Mayor Page read the proclamation and presented it to the members that were present. DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor King stated the Sister City 25th Anniversary celebrations will be starting this week and invited everyone to help welcome the delegation from Muko Japan and to join them in the tree planting event at the Warner Hutton House on Saturday . She added people could call the city offices to obtain a schedule of events. Councilmember Hunter noted there was an event for children scheduled at the Saratoga Library on Saturday. Ms. Hunter also invited everyone to come to the annual Tree Lighting Ceremony on November 27th – followed by the Village Open House events. Mayor Page noted the City began their Sister City relationship with Muko, Japan twenty five years ago; which includes a student exchange program. He added the Mayor from Muko, Japan would be a member of the delegation scheduled to arrive on Thursday. Vice Mayor King invited everyone to participate in the “Turkey Trot” competition in downtown San Jose on the morning of Thanksgiving Day. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: October 15, 2009 October 22, 2009 MILLER/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: OCTOBER 15, 2009 AND OCTOBER 22, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. 40 4 2. TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2009 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended September 30, 2009. MILLER/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2009. MOTION PASSED 4-0-1WITH COUNCILMEMBER NAGPAL ABSENT. 3. FINAL MAP APPROVAL FOR TWO LOTS LOCATED AT 15211 HUME DRIVE STAFF RECOMMENDATION: Move to adopt Resolution granting final map approval of tentative map application No. SUB 09-0001 for two lots located at 15211 Hume Drive. RESOLUTION NO. 09-056 MILLER/HUNTER MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 09-0001 FOR TWO LOTS LOCATED AT 15211 HUME DRIVE. MOTION PASSED 4- 0-1WITH COUNCILMEMBER NAGPAL ABSENT. 4. FY 2009 – 2010 CDBG COUNTY/CITY CONTRACT STAFF RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute a $464,069.77 contract with Santa Clara County for the FY 2009-2010 CDBG Program. RESOLUTION NO. 09-057 MILLER/HUNTER MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $464,069.77 CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2009/2010 CDBG PROGRAM. MOTION PASSED 4-0-1WITH COUNCILMEMBER NAGPAL ABSENT. 5. UPDATE OF SARATOGA’S LOCAL HAZARD MITIGATION PLAN (LHMP) MATRICES PURSUANT TO THE DISASTER MITIGATION ACT OF 2000 STAFF RECOMMENDATION: Authorize the City Manager to submit the attached updated mitigation matrices to the Association of Bay Area Governments (ABAG) and the Federal Emergency Management Agency (FEMA) for their preliminary review and comment. MILLER/HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO SUBMIT THE UPDATED MITIGATION MATRICES TO THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) AND THE FEDERAL EMERGENCY MANAGAEMENT AGENCY (FEMA) FOR THEIR PRELIMINARY REVIEW AND COMMENT. MOTION PASSED 4-0-1WITH COUNCILMEMBER NAGPAL ABSENT. 41 5 PUBLIC HEARINGS 6. APPEAL OF A TREE REMOVAL PERMIT (TRP09-0222). STAFF RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission decision denying the appeal and allowing the removal of four oak trees. The attached resolution would make removal subject to all the Planning Commission conditions, including a provision that work may not proceed if a court has determined that the Applicant may not remove trees within the easement. City Arborist Kate Bear presented the staff report regarding the appeal of a tree removal permit on Via Regina Drive. Max Keyashian, appellant, addressed the Council requesting that they deny the Planning Commission’s decision allowing the removal of four oak trees at 21818 Via Regina. Linda Yelavich, applicant, addressed the Council asking that they uphold the Planning Commission’s decision granting removal of four oak trees at 21818 Via Regina. Mayor Page opened the public hearing for comment. No one requested to speak on this item. Mayor Page closed the public hearing comment. Mr. Kayeshian re-addressed the Council asking Council to deny the Planning Commission’s decision to allow removal of four oak trees at 21818 Via Regina. Linda Yelavich re-addressed the Council asking Council to uphold the Planning Commission’s decision. Councilmember Hunter noted she supported the appellant opposing the Planning Commission’s decision to allow the removal of four oak trees. RESOLUTION NO. 09-058 MILLER/KING MOVED TO UPHOLD THE PLANNING COMMISSION’S DECISION APPROVING APPLICATION NO. TRP 09-0222 FOR THE REMOVAL OF FOUR COAST LIVE OAK TREES AT 21818 VIA REGINA; AND TO ADOPT THE RESOLUTION WHICH WOULD MAKE REMOVAL SUBJECT TO ALL THE PLANNING COMMISSION CONDITIONS, INCLUDING A PROVISION THAT WORK MAY NOT PROCEED IF A COURT HAS DETERMINED THAT THE APPLICANT MAY NOT REMOVE TREES WITHIN THE EASEMENT. MOTION PASSED 3-1-1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL ABSENT. 42 6 OLD BUSINESS 7. HERRIMAN AVENUE PEDESTRIAN WALKWAY AND BICYCLE LANE REVIEW STAFF RECOMMENDATION: Receive report and provide direction to staff Public Works Director John Cherbone presented the staff report. Franziska Church and Sohrab Rashid, Traffic Engineers from Fehr & Peers, provided additional data regarding pedestrian and bicycle lane options on Herriman Avenue and noted they recommended Options 1 or 3. Mayor Page invited public comment. The following people requested to speak on this item: Carl Dwjta stated option 3 was probably the most ideal for the majority of the residents; however he was in support of Option 4. Marilyn Foust stated a sidewalk was installed on a street that wasn’t made to accommodate a sidewalk. She noted she receives complaints from the postman and noted she would like an option where there is a buffer and not to keep Herriman the way it is now. Minggui Pan noted he does not support Option 2 as it would benefit only one or two residents and the chosen option should benefit the majority of the residents. Bob Dimicco noted he supports Option 1. Annette Cozimel stated she supports Option 4. No one else requested to speak on this item. Mayor Page closed the public comment. KING/MILLER MOVED TO APPROVE OPTION 1: KEEP CURRENT CONFIGURATION OF HERRIMAN AVENUE. CREATE RAISED PEDESTRIAN WALKWAY BY FILLING IN BETWEEN THE ASPHALT BERM AND CONCRETE CURB. MOTION PASSED 3-1-1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL ABSENT. NEW BUSINESS 8. STATUS OF JANUARY 6, 2010 COUNCIL MEETING STAFF RECOMMENDATION: 43 7 Consider cancelling the meeting of January 6, 2010. City Clerk Ann Sullivan presented the staff report. PAGE/KING MOVED TO CANCEL THE JANUARY 6, 2010 COUNCIL MEETING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page – reported: Valley Transportation Authority PAC – meets Thursday evening and may vote on a couple items: Reorganization of small city groupings – specifically whether or not to add Milpitas to Sunnyvale and Santa Clara; and Governances – how the five small city representatives are appointed to the board. He noted VTA may be looking at additional employee layoffs due to the downturn in the economy and reduced ridership. Vice Mayor Kathleen King – reported: West Valley Flood Control Zone & Watershed Advisory Committee – suggested Council reconsider this committee as they only schedule four meetings a year and feels the meetings have not been very productive overall. SSC Cities Association Executive Board – will meet next Thursday and noted the Cities Association will have “California Forward” come in to talk about the future Initiatives, such as the City of San Jose’s efforts to ban plastic bags, CDC grants of $376 million dollars that are available to the County Health Departments and only 40 grants will be given out. These grants will be applied to improving access to community exercise programs, quitting smoking, and general health plan coverage’s. She reminded Council of the annual Christmas Party on December 3, 2009. Councilmember Jill Hunter – reported: Thanked KSAR for always attending every city function and for interviewing people. Library Joint Powers Association – she attended the County Library meeting and noted they will be conducting a survey of people that do not have library cards; adding that only 45% of Saratogans have a library card. She stated their goal is to increase the number of library cards and circulation as this is what determines how much funding the Saratoga Library receives. She added Saratoga was recognized for their donation of $50K to the library. She thanked the Friends of the Library group for their continued fund raising efforts. Santa Clara County Valley Water District Commission – she attended the last meeting; they discussed the new changes that will be effective January 1, 2010 and stated the District’s goal is to have people cut back 20% in their water usage. She noted the County in general has reduced water usage by 15%. Councilmember Howard Miller – reported: he attended the HTC Policy Committee meeting as an alternate and noted there are two items Council will want to be aware of regarding CDBG Grants. He stated the downturn in the economy has caused the County to look for ways to minimize the cost of their programs. For 2011 the County will try to limit the amount of administrative overhead for public service grants by considering having fewer grants at a larger amount. In addition they are considering retaining about 44 8 $15,000 of administrative dollars that normally the City would use to administer the programs to help fund their services. Chamber of Commerce – has moved into their new office on Big Basin; facility is open for business; and they expressed their appreciation to the city for waiving the CUP fee. KSAR – is looking at spending some of the PEG capital dollars to purchase some video editing stations. Santa Clara County Emergency Council – will be attending the meeting on Thursday. Council Finance Standing Committee – met earlier today and noted Council did receive an updated Financial Report. He added the new computer software system is now able to generate reports for current revenue and expense by quarter, versus by budget. He stated expenses are below what was expected at this point – which is good; and revenue is difficult to determine as it is very seasonal, e.g. property tax dollars, which will be coming later in the fiscal year and those tax dollars are at where we expected them; and the Building Department has been issuing a lot of building permits, however, due to the economy not as many projects are coming in right now. Councilmember Susie Nagpal – Excused Absence. CITY COUNCIL ITEMS Councilmember Miller noted the Boy Scouts of Troop 535 will be conducting their City- wide E-Waste Recycling in January and would like to attend the first meeting in December to provide additional information on this program. Mayor Page stated Troop 535 members could speak during the Non-agendized portion of the Council Agenda on December 2, 2009, and they could lead the Pledge of Allegiance. Councilmember Hunter provided Council with copies of an article in the Saratoga News 15 years ago regarding trees and noted she would provide City Arborist Kate Bear with one as well. Mayor Page announced that as a result of the Joint Meeting held earlier with the Saratoga Ministerial Association he would like to agendize the addition of a new Council assignment for a council liaison to the Ministerial Association. City Manager Dave Anderson reported that SASCC wanted to convey their appreciation of the City’s participation in the recent shredding of documents; they conducted a successful Health Faire providing seasonal flu shots recently; and SASCC members are in the process of selecting an investment advisor. Their investment committee is conducting interviews to acquire a firm to assist SASCC with their portfolio. Councilmember Hunter noted she will be attending future SASCC meeting and inquired about the SASCC schedule. City Manager Dave Anderson stated he would have Debbie Bretschneider contact her regarding the SASCC meeting schedule. City Attorney Richard Taylor noted he is unable to attend the November 18, 2009 Council meeting and Assistant City Attorney Jonathan Wittwer would be attending in his absence. 45 9 CITY MANAGER’S REPORT City Manager Dave Anderson noted he would like Council’s permission to leave the state during the week of Thanksgiving. Council extended their approval for Mr. Anderson to leave the state during the week of Thanksgiving. Council Hunter noted Council members and staff were wearing white ribbons in honor of Susie Nagpal and wished her a speedy recovery. ADJOURNMENT There being no additional business Mayor Page asked for a motion to adjourn. KING/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:25PM. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk 46 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. 10/29/09 113605 113671 66 181,977.71 10/29/09 10/22/09 113604 11/05/09 113672 113733 61 225,804.83 11/05/09 10/29/09 113671 AP Date Check No. Issued to Dept.Amount 10/29/09 113617 Public Safety 28,352.08 10/29/09 113621 Facilities 39,490.31 10/29/09 113646 Various 20,555.55 11/05/09 113678 Public Works 39,166.87 11/05/09 113682 Public Works 49,986.00 11/05/09 113692 Public Works 37,029.56 PREPARED BY:DEPT. DIRECTOR: Type of Checks Date Starting Check No. Ending Check No.Total Checks Amount Checks Released October 29, 2009 November 05, 2009 SARATOGA CITY COUNCIL MEETING DATE:November 18, 2009 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: North Campus Improvement Pacific Gas & Electric Various Electric/Gas Services CRW Industries CIP - Facilities 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: City of San Jose - Animal Services General Monthly Animal Services - August & September Fund Purpose Accounts Payable Accounts Payable Prospect Median #11 Blossom Valley Construction CIP - Streets Project Casey Construction CIP - Streets Project Retaining Wall - Comer Dr County of SC - Enviromental Hazardous Waste General Hazardous Waste Fees 47 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 11/05/09 113687 (348.00) 11/05/09 113361 (445.53 11/05/09 113658 (682.81) The following is a list of cash reduction by fund: Fund #AP 10/29 AP 11/05 Total 111 General 91,553.28 95,589.51 187,142.79 231 Village Lighting 2,746.51 2,746.51 232 Azule Lighting 225.48 225.48 233 Sarahills Lighting 250.34 250.34 241 Arroyo de Saratoga Landscape 85.00 85.00 242 Bonnet Way Landscape 135.00 135.00 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 150.00 245 Fredericksburg Landscape 132.00 132.00 246 Greenbriar Landscape 556.00 157.25 713.25 247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 85.00 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 198.34 198.34 252 Prides Crossing Landscape 1,053.14 1,053.14 253 Saratoga Legends Landscape 158.00 158.00 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape 53.58 53.58 271 Beauchamps Landscape 142.12 142.12 272 Bellgrove Landscape 2,018.01 2,018.01 273 Gateway Landscape 203.00 203.00 274 Horseshoe Landscape/Lighting 329.17 329.17 275 Quito Lighting 1,255.41 1,255.41 276 Tollgate LLD 90.00 41.10 131.10 277 Village Commercial Landscape 475.00 475.00 411 CIP Street Projects 5,083.55 101,149.35 106,232.90 412 CIP Parks Projects 2,985.00 445.53 3,430.53 413 CIP Facility Projects 49,362.74 13,178.12 62,540.86 414 CIP Admin Projects 4,679.00 4,679.00 431 Grant Fund - CIP Streets 2,564.46 2,564.46 481 Gas Tax Fund 9,524.60 9,524.60 611 Liability/Risk Mgt 260.00 260.00 612 Workers' Comp 470.47 470.47 622 Information Technology 155.83 5,926.98 6,082.81 623 Vehicle & Equipment Maint 2,433.33 220.45 2,653.78 624 Building Maintenance 17,164.82 3,687.07 20,851.89 191,977.71 225,804.83 417,782.54 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 CSFMO (void)Reissued ck # 113732 Issued to Description A Equipment (void) Reissued ck # 113730 Sierra Display (void) Reissued ck # 113733 TOTAL Fund Description 48 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 1 1 / 0 9 / 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 6 : 0 2 : 3 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 2 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 0 5 1 0 / 2 9 / 0 9 7 6 2 A T O O L S H E D 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 4 . 1 8 11 1 1 1 1 1 3 6 0 6 1 0 / 2 9 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 9 9 7 . 5 4 11 1 1 1 1 1 3 6 0 7 1 0 / 2 9 / 0 9 1 5 2 A M E R I C A N P L A N N I N G A S S O C I 1 1 1 4 1 0 1 A N N U A L D U E S 2 0 1 0 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 3 6 0 7 1 0 / 2 9 / 0 9 1 5 2 A M E R I C A N P L A N N I N G A S S O C I 1 1 1 4 1 0 1 A N N U A L D U E S 2 0 1 0 0 . 0 0 3 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 8 8 5 . 0 0 11 1 1 1 1 1 3 6 0 8 1 0 / 2 9 / 0 9 1 6 6 A M E R I C A N S O C I E T Y O F S A F E 6 2 4 6 2 0 2 2 0 1 0 D U E S - S C O T T 0 . 0 0 1 5 5 . 0 0 11 1 1 1 1 1 3 6 0 9 1 0 / 2 9 / 0 9 5 0 0 A N G E L I , J O S E P 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 7 4 . 0 0 11 1 1 1 1 1 3 6 1 0 1 0 / 2 9 / 0 9 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 9 / 0 7 - 1 0 / 0 6 0 . 0 0 1 3 1 . 0 7 11 1 1 1 1 1 3 6 1 1 1 0 / 2 9 / 0 9 5 0 0 B A L L , D E B B 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 4 . 0 0 11 1 1 1 1 1 3 6 1 2 1 0 / 2 9 / 0 9 5 0 0 B O Y D , T I M 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 8 4 . 3 8 11 1 1 1 1 1 3 6 1 3 1 0 / 2 9 / 0 9 1 3 0 C D W G , I N C 6 2 2 3 2 0 1 A D O B E S O F T W A R E 0 . 0 0 2 4 . 0 0 11 1 1 1 1 1 3 6 1 4 1 0 / 2 9 / 0 9 6 9 8 C F A R C H I B A L D P A V I N G , I N C 4 8 1 R E T E N T I O N - P A V E M E N T 0 . 0 0 - 5 0 1 . 2 9 11 1 1 1 1 1 3 6 1 4 1 0 / 2 9 / 0 9 6 9 8 C F A R C H I B A L D P A V I N G , I N C 4 8 1 9 1 1 1 - 0 0 1 2 0 0 9 P A V E M E N T M G M T 0 . 0 0 1 0 , 0 2 5 . 8 9 TO T A L C H E C K 0 . 0 0 9 , 5 2 4 . 6 0 11 1 1 1 1 1 3 6 1 5 1 0 / 2 9 / 0 9 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 L N D S C P H O R S H O E 1 0 / 0 9 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 3 6 1 5 1 0 / 2 9 / 0 9 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P F O O T H I L L 1 0 / 0 9 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 3 6 1 5 1 0 / 2 9 / 0 9 1 7 6 C I E N E G A L A N D S C A P I N G 2 4 3 5 3 0 2 L N D S C P C G L E N 1 0 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 6 1 5 1 0 / 2 9 / 0 9 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P V I L L A G E 1 0 / 0 9 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 3 6 1 5 1 0 / 2 9 / 0 9 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P C S P R I N G 1 0 / 0 9 0 . 0 0 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 2 5 3 . 0 0 11 1 1 1 1 1 3 6 1 6 1 0 / 2 9 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C M A I N T E N A N C E 0 . 0 0 1 , 2 0 0 . 0 0 11 1 1 1 1 1 3 6 1 6 1 0 / 2 9 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 E Q U I P M E N T S U R V E Y 0 . 0 0 1 , 6 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 8 8 0 . 0 0 11 1 1 1 1 1 3 6 1 7 1 0 / 2 9 / 0 9 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S V C 0 8 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 3 6 1 7 1 0 / 2 9 / 0 9 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S V C 0 9 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 TO T A L C H E C K 0 . 0 0 2 8 , 3 5 2 . 0 8 11 1 1 1 1 1 3 6 1 8 1 0 / 2 9 / 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 D I E S E L / U N L E A D E D 0 . 0 0 2 , 1 0 5 . 5 5 11 1 1 1 1 1 3 6 1 9 1 0 / 2 9 / 0 9 4 9 4 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 1 0 / 2 0 - 1 1 / 1 9 0 . 0 0 9 8 . 9 5 11 1 1 1 1 1 3 6 2 0 1 0 / 2 9 / 0 9 7 8 5 C O M C A S T 8 7 7 0 X X X X X X X X X 6 2 7 6 2 2 3 2 0 1 M T H L Y S V C 0 9 / 0 9 0 . 0 0 3 2 . 8 8 11 1 1 1 1 1 3 6 2 1 1 0 / 2 9 / 0 9 5 1 6 C R W I N D U S T R I E S 4 1 3 R E T E N T I O N - N C A M P U S 0 . 0 0 - 1 4 4 . 5 9 11 1 1 1 1 1 3 6 2 1 1 0 / 2 9 / 0 9 5 1 6 C R W I N D U S T R I E S 4 1 3 R E T E N T I O N - N C A M P U S 0 . 0 0 3 8 , 1 8 9 . 0 0 11 1 1 1 1 1 3 6 2 1 1 0 / 2 9 / 0 9 5 1 6 C R W I N D U S T R I E S 4 1 3 9 3 5 1 - 0 0 1 N C A M P U S I M P R O V E M E N T 0 . 0 0 1 , 4 4 5 . 9 0 TO T A L C H E C K 0 . 0 0 3 9 , 4 9 0 . 3 1 11 1 1 1 1 1 3 6 2 2 1 0 / 2 9 / 0 9 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E S 0 9 / 0 9 0 . 0 0 1 3 6 . 4 5 49 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 1 1 / 0 9 / 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 6 : 0 2 : 3 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 2 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 2 3 1 0 / 2 9 / 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 I N G F E E 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 3 6 2 4 1 0 / 2 9 / 0 9 5 7 2 D O L P H I N C H A R T E R S 1 1 1 6 1 0 1 E X C U R S I O N S V C 1 0 / 2 1 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 3 6 2 5 1 0 / 2 9 / 0 9 5 4 7 E B E N L K U R T Z M A N 1 1 1 4 1 0 3 L G L S V C 0 9 / 1 7 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 3 6 2 6 1 0 / 2 9 / 0 9 5 3 2 E M P L O Y M E N T D E V E L O P M E N T D 1 1 1 8 1 0 1 D E 2 1 7 6 - C L O S I N G 9 / 2 9 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 3 6 2 7 1 0 / 2 9 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T U R F S P R A Y - K M O R A N 0 . 0 0 1 , 4 0 0 . 0 0 11 1 1 1 1 1 3 6 2 7 1 0 / 2 9 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T U R F S P R A Y - K M O R A N 0 . 0 0 1 , 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 8 0 0 . 0 0 11 1 1 1 1 1 3 6 2 8 1 0 / 2 9 / 0 9 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 R E V I E W S V C - T S C 0 . 0 0 3 , 3 9 2 . 5 5 11 1 1 1 1 1 3 6 2 8 1 0 / 2 9 / 0 9 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 P R O F S V C - T S C 0 7 / 0 9 0 . 0 0 5 , 4 8 7 . 4 6 11 1 1 1 1 1 3 6 2 8 1 0 / 2 9 / 0 9 4 2 3 F E H R & P E E R S 4 1 1 9 1 2 1 - 0 0 1 T R A F F I C S A F E T Y C I P 0 . 0 0 6 7 0 . 0 2 11 1 1 1 1 1 3 6 2 8 1 0 / 2 9 / 0 9 4 2 3 F E H R & P E E R S 4 1 1 9 1 2 1 - 0 0 1 T R A F F I C S A F E T Y C I P 0 . 0 0 7 7 9 . 7 1 TO T A L C H E C K 0 . 0 0 1 0 , 3 2 9 . 7 4 11 1 1 1 1 1 3 6 2 9 1 0 / 2 9 / 0 9 4 2 6 F L I N T T R A D I N G , I N C 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - R E S U R F A C I N G 0 . 0 0 7 1 1 . 2 6 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 1 0 / 0 9 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 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 D E S A R A 1 0 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 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 I N G H A M / G L A S 1 0 / 0 9 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 1 0 / 0 9 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 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 1 0 / 0 9 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 S E A G U L L 1 0 / 0 9 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 1 0 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 1 0 / 0 9 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 1 0 / 0 9 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 1 0 / 0 9 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 1 0 / 0 9 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 1 0 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 1 0 / 0 9 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 1 0 / 0 9 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 1 0 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 3 6 3 0 1 0 / 2 9 / 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 A L O H A / 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 6 , 7 0 3 . 0 0 11 1 1 1 1 1 3 6 3 1 1 0 / 2 9 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 3 6 3 2 1 0 / 2 9 / 0 9 4 5 3 G T J O R D A N E L E C T R I C , I N C 4 1 3 9 3 2 2 - 0 0 1 E L E C T R I C A L - T H E A T E R 0 . 0 0 5 2 2 . 0 0 11 1 1 1 1 1 3 6 3 3 1 0 / 2 9 / 0 9 4 9 1 H U M A N B E H A V I O R A S S O C I A T E 1 1 1 2 3 0 1 E A P S V C 0 9 / 0 9 0 . 0 0 2 1 8 . 5 0 11 1 1 1 1 1 3 6 3 4 1 0 / 2 9 / 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 G R I N D S T U M P - H I S T P A R K 0 . 0 0 3 5 7 . 5 0 11 1 1 1 1 1 3 6 3 5 1 0 / 2 9 / 0 9 5 0 0 I N N A M O R A T O , J U L 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 1 3 8 . 0 0 11 1 1 1 1 1 3 6 3 6 1 0 / 2 9 / 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 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - R E S T R I P I N G 0 . 0 0 3 9 1 . 9 3 11 1 1 1 1 1 3 6 3 6 1 0 / 2 9 / 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 4 1 1 9 1 1 2 - 0 0 2 S I G N S - R E P A V I N G S A R A 0 . 0 0 1 , 0 9 2 . 5 0 11 1 1 1 1 1 3 6 3 6 1 0 / 2 9 / 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 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - R E S T R I P I N G 0 . 0 0 1 0 9 . 2 5 TO T A L C H E C K 0 . 0 0 1 , 5 9 3 . 6 8 50 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 1 1 / 0 9 / 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 6 : 0 2 : 3 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 2 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 3 7 1 0 / 2 9 / 0 9 1 9 9 J E N S E N , P A U L 4 3 1 9 1 4 2 - 0 0 5 S U R V E Y W O R K 0 8 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 3 6 3 7 1 0 / 2 9 / 0 9 1 9 9 J E N S E N , P A U L 4 1 1 9 1 4 2 - 0 0 6 C D B G - S U R V E Y W O R K 0 . 0 0 5 8 5 . 0 0 11 1 1 1 1 1 3 6 3 7 1 0 / 2 9 / 0 9 1 9 9 J E N S E N , P A U L 4 3 1 9 1 4 2 - 0 0 5 S U R V E Y W O R K 0 7 / 0 9 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 3 6 3 7 1 0 / 2 9 / 0 9 1 9 9 J E N S E N , P A U L 1 1 1 5 1 0 1 S U R V E Y W O R K 0 7 / 0 9 0 . 0 0 8 0 0 . 0 0 11 1 1 1 1 1 3 6 3 7 1 0 / 2 9 / 0 9 1 9 9 J E N S E N , P A U L 4 3 1 9 2 7 4 - 0 0 1 D E A N Z A T R A I L 0 7 / 0 9 0 . 0 0 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 0 5 5 . 0 0 11 1 1 1 1 1 3 6 3 8 1 0 / 2 9 / 0 9 9 2 J O H N D E E R E L A N D S C A P E S , I 1 1 1 5 2 0 1 L A N D S C A P E T O O L S 0 . 0 0 4 2 0 . 4 5 11 1 1 1 1 1 3 6 3 9 1 0 / 2 9 / 0 9 5 0 0 K A N A Z A W A , H A N N A 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 1 0 8 . 0 0 11 1 1 1 1 1 3 6 4 0 1 0 / 2 9 / 0 9 7 5 0 K I N G G R A D I N G 4 1 2 9 2 7 6 - 0 0 2 H I L L E R O S I O N C O N T R O L 0 . 0 0 2 , 9 8 5 . 0 0 11 1 1 1 1 1 3 6 4 1 1 0 / 2 9 / 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 S U P P L I E S - C O O K O F F 0 . 0 0 2 9 . 4 6 11 1 1 1 1 1 3 6 4 2 1 0 / 2 9 / 0 9 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T H L Y S V C 0 9 / 0 9 0 . 0 0 1 6 7 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 B E A U C H A M P S P A R K 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 R A V E N W O O D P A R K 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 A Z U L E P A R K 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 K E V I N M O R A N P A R K 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 N O R T H C A M P U S 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 4 5 3 0 2 S U N L A N D 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 5 9 8 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 L E G E N D S 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 3 6 4 3 1 0 / 2 9 / 0 9 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 2 0 3 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 3 6 0 . 0 0 11 1 1 1 1 1 3 6 4 4 1 0 / 2 9 / 0 9 2 9 1 M A X I M U S C O N S U L T I N G S V C , 1 1 1 3 1 0 1 1 S T 4 0 % I N S T A L L 0 9 / 1 0 0 . 0 0 8 3 2 . 0 0 11 1 1 1 1 1 3 6 4 5 1 0 / 2 9 / 0 9 6 0 O N T R A C 1 1 1 5 2 0 1 S H U T E M I H A L Y 9 / 8 , 9 / 1 4 0 . 0 0 1 0 . 0 0 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 7 9 . 9 9 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 1 1 , 9 8 8 . 8 3 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 8 5 7 . 8 4 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 , 1 3 5 . 5 0 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 T R E E T L I G H T S 0 . 0 0 6 4 0 . 2 1 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 5 9 . 6 9 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 1 , 0 9 0 . 4 1 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 2 2 5 . 4 8 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 2 5 0 . 3 4 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 , 2 0 5 . 0 9 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 5 T H S T R E E T 0 . 0 0 1 1 . 6 3 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 4 T H S T R E E T 0 . 0 0 5 2 9 . 7 9 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 8 . 3 4 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 6 4 6 1 0 / 2 9 / 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 7 . 1 2 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 5 . 1 4 51 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 1 1 / 0 9 / 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 6 : 0 2 : 3 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 2 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 4 6 1 0 / 2 9 / 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 0 . 0 0 4 2 0 . 0 1 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 0 . 0 0 9 . 1 7 11 1 1 1 1 1 3 6 4 6 1 0 / 2 9 / 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 9 3 2 . 3 9 TO T A L C H E C K 0 . 0 0 2 0 , 5 5 5 . 5 5 11 1 1 1 1 1 3 6 4 7 1 0 / 2 9 / 0 9 1 9 5 P A P A 1 1 1 5 3 0 1 2 0 1 0 D U E S - M E E K 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 3 6 4 7 1 0 / 2 9 / 0 9 1 9 5 P A P A 1 1 1 5 3 0 1 2 0 1 0 D U E S - M A R T I N 0 . 0 0 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 0 . 0 0 11 1 1 1 1 1 3 6 4 8 1 0 / 2 9 / 0 9 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 9 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 3 6 4 9 1 0 / 2 9 / 0 9 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 B L A N K A P C H E C K S 0 . 0 0 4 9 4 . 8 2 11 1 1 1 1 1 3 6 4 9 1 0 / 2 9 / 0 9 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 B L A N K W 2 ’ S 0 . 0 0 4 3 . 5 2 11 1 1 1 1 1 3 6 4 9 1 0 / 2 9 / 0 9 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 B L A N K 1 0 9 9 ’ S 0 . 0 0 1 9 . 9 0 11 1 1 1 1 1 3 6 4 9 1 0 / 2 9 / 0 9 6 5 2 P T M D O C U M E N T S Y S T E M S 1 1 1 3 1 0 1 P A Y R O L L C H E C K S 0 . 0 0 2 4 4 . 1 6 TO T A L C H E C K 0 . 0 0 8 0 2 . 4 0 11 1 1 1 1 1 3 6 5 0 1 0 / 2 9 / 0 9 3 7 5 Q U A L I T Y A S S U R A N C E T R A V E L 1 1 1 6 1 0 1 E X C U R S I O N S V C 1 0 / 2 1 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 3 6 5 1 1 0 / 2 9 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 2 0 3 . 2 3 11 1 1 1 1 1 3 6 5 1 1 0 / 2 9 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 1 7 1 . 4 7 TO T A L C H E C K 0 . 0 0 3 7 4 . 7 0 11 1 1 1 1 1 3 6 5 2 1 0 / 2 9 / 0 9 5 0 0 R I O A D O B E S O U T H W E S T C A F E 1 1 1 1 2 0 1 C O M M I S S I O N D I N N E R 0 . 0 0 4 , 5 5 4 . 2 3 11 1 1 1 1 1 3 6 5 3 1 0 / 2 9 / 0 9 5 0 0 S A G H E Z C H I , S O H A I L 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 2 , 0 2 0 . 0 0 11 1 1 1 1 1 3 6 5 4 1 0 / 2 9 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 . 8 8 11 1 1 1 1 1 3 6 5 4 1 0 / 2 9 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 5 1 0 1 S U P P L I E S - P W M T G 0 . 0 0 5 . 3 4 11 1 1 1 1 1 3 6 5 4 1 0 / 2 9 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 8 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 2 . 5 8 11 1 1 1 1 1 3 6 5 4 1 0 / 2 9 / 0 9 1 1 4 S A R W A R I S H A H E E N 1 1 1 5 1 0 1 C O S T C O 1 0 / 1 5 0 . 0 0 1 0 . 0 7 TO T A L C H E C K 0 . 0 0 1 1 2 . 8 7 11 1 1 1 1 1 3 6 5 5 1 0 / 2 9 / 0 9 6 9 S A S C C 1 1 1 2 2 0 1 R E C O R D S M G M T 1 0 / 1 9 0 . 0 0 1 , 0 1 7 . 5 0 11 1 1 1 1 1 3 6 5 6 1 0 / 2 9 / 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 7 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 3 6 5 6 1 0 / 2 9 / 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 4 0 . 0 0 6 3 . 8 9 TO T A L C H E C K 0 . 0 0 1 2 7 . 7 8 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y M G R / C L K 0 . 0 0 3 , 8 9 7 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 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 1 , 7 4 7 . 2 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 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 1 , 3 8 2 . 4 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 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 1 , 0 7 5 . 2 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O U N C I L M T G 0 . 0 0 3 8 4 . 0 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W O R K 0 . 0 0 1 , 0 1 7 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E C R E A T I O N 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 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 2 , 4 5 7 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C T Y M G R / C L K 0 . 0 0 3 6 2 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - N O N D E P T 0 . 0 0 1 2 1 . 5 3 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - N O N D E P T 0 . 0 0 1 , 0 2 1 . 6 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 L I T I G A T I O N M G M T 0 . 0 0 1 , 1 1 0 . 2 0 11 1 1 1 1 1 3 6 5 7 1 0 / 2 9 / 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 , 8 9 4 . 4 6 52 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 1 1 / 0 9 / 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 6 : 0 2 : 3 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 1 0 2 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 5 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L C H E C K 0 . 0 0 1 6 , 5 2 9 . 5 9 11 1 1 1 1 1 3 6 5 8 1 0 / 2 9 / 0 9 1 4 9 S I E R R A D I S P L A Y I N C 1 1 1 5 3 0 1 F E R T I L I Z E R - C S P R I N G 0 . 0 0 6 8 2 . 8 1 11 1 1 1 1 1 3 6 5 9 1 0 / 2 9 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 4 1 3 9 3 5 1 - 0 0 2 S E E D S - N C A M P U S 0 . 0 0 7 3 7 . 4 4 11 1 1 1 1 1 3 6 6 0 1 0 / 2 9 / 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 0 9 / 1 4 / 0 9 0 . 0 0 1 5 9 . 2 5 11 1 1 1 1 1 3 6 6 1 1 0 / 2 9 / 0 9 7 8 7 S P R A Y T E C H N O L O G Y 2 4 6 5 3 0 2 S U P P L I E S - G R E E N B R I A R 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 6 6 2 1 0 / 2 9 / 0 9 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 3 9 3 5 1 - 0 0 1 K I T C H E N - N C A M P U S 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 3 6 6 3 1 0 / 2 9 / 0 9 2 5 6 S T E V E N S C R E E K Q U A R R Y I N C 4 1 1 9 1 1 1 - 0 0 1 S A N D - R E S U R F A C I N G 0 . 0 0 2 2 4 . 9 7 11 1 1 1 1 1 3 6 6 4 1 0 / 2 9 / 0 9 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 1 2 5 M T H L Y S V C 1 0 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 5 1 0 / 2 9 / 0 9 3 4 3 T M T E N T E R P R I S E S I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 4 . 6 3 11 1 1 1 1 1 3 6 6 6 1 0 / 2 9 / 0 9 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 R E S U R F A C I N G S U P P L I E S 0 . 0 0 1 4 4 . 2 1 11 1 1 1 1 1 3 6 6 7 1 0 / 2 9 / 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 2 5 2 5 3 0 2 W A L L W A S H - P R O S P E C T 0 . 0 0 5 7 0 . 0 0 11 1 1 1 1 1 3 6 6 7 1 0 / 2 9 / 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 2 7 7 5 3 0 2 W A S H - V I L L A G E 0 . 0 0 4 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 0 4 5 . 0 0 11 1 1 1 1 1 3 6 6 8 1 0 / 2 9 / 0 9 7 8 6 W A L K E R , N I N A 1 1 1 8 3 0 2 S U P P L I E S - N C A M P U S 0 . 0 0 4 . 8 8 11 1 1 1 1 1 3 6 6 8 1 0 / 2 9 / 0 9 7 8 6 W A L K E R , N I N A 1 1 1 8 3 0 2 S U P P L I E S - N C A M P U S 0 . 0 0 2 7 . 3 3 TO T A L C H E C K 0 . 0 0 3 2 . 2 1 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 M T H L Y S V C 0 9 / 0 9 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 M T H L Y S V C 1 0 / 0 9 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 M T H L Y S V C 0 8 / 0 9 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C S P R I N G S 0 9 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C S P R I N G S 1 0 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O 1 0 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O 0 9 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K 0 9 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K 1 0 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K M O R A N P A R K 1 0 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 3 6 6 9 1 0 / 2 9 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K M O R A N P A R K 0 9 / 0 9 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 7 0 0 . 0 0 11 1 1 1 1 1 3 6 7 0 1 0 / 2 9 / 0 9 6 4 6 W E B E R T R A C T O R S E R V I C E 4 1 3 R E T E N T I O N N C A M P U S 0 . 0 0 - 9 4 3 . 1 1 11 1 1 1 1 1 3 6 7 0 1 0 / 2 9 / 0 9 6 4 6 W E B E R T R A C T O R S E R V I C E 4 1 3 9 3 5 1 - 0 0 1 N C A M P U S I M P R O V E M E N T S 0 . 0 0 9 , 4 3 1 . 1 0 TO T A L C H E C K 0 . 0 0 8 , 4 8 7 . 9 9 11 1 1 1 1 1 3 6 7 1 1 0 / 2 9 / 0 9 5 0 0 W I L S O N , W A N D A 1 1 1 6 1 0 1 C A N C E L L E D E X C U R S I O N 0 . 0 0 4 9 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 8 1 , 9 7 7 . 7 1 TO T A L F U N D 0 . 0 0 1 8 1 , 9 7 7 . 7 1 TO T A L R E P O R T 0 . 0 0 1 8 1 , 9 7 7 . 7 1 53 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y M O D E M 0 . 0 0 1 5 . 2 9 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M O N T H L Y R E C U R R I N G 0 . 0 0 1 7 8 . 0 7 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 A L A R M S Y S T E M 0 . 0 0 8 5 . 7 8 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 5 9 . 0 8 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S R C E N T E R A L A R M S 0 . 0 0 3 0 . 5 1 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y R E S P O N S E 0 . 0 0 2 0 4 . 5 7 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 N O R T H C A M P U S 0 . 0 0 7 3 . 1 8 11 1 1 1 1 1 3 6 7 2 1 1 / 0 5 / 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 TO T A L C H E C K 0 . 0 0 1 , 1 6 2 . 1 1 11 1 1 1 1 1 3 6 7 3 1 1 / 0 5 / 0 9 1 7 A A A F I R E P R O T E C T I O N S E R V 6 2 4 6 2 0 2 F I R E S Y S T E M S S V C 0 . 0 0 3 2 7 . 9 0 11 1 1 1 1 1 3 6 7 4 1 1 / 0 5 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 3 3 1 . 3 0 11 1 1 1 1 1 3 6 7 4 1 1 / 0 5 / 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 - J A N I T O R I A L 0 . 0 0 1 6 4 . 1 2 TO T A L C H E C K 0 . 0 0 4 9 5 . 4 2 11 1 1 1 1 1 3 6 7 5 1 1 / 0 5 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 1 2 . 8 5 11 1 1 1 1 1 3 6 7 6 1 1 / 0 5 / 0 9 7 9 0 A T & T M O B I L I T Y 1 1 1 2 1 0 1 M T H L Y S V C 7 / 3 0 - 8 / 1 6 0 . 0 0 6 5 . 7 3 11 1 1 1 1 1 3 6 7 6 1 1 / 0 5 / 0 9 7 9 0 A T & T M O B I L I T Y 1 1 1 2 1 0 1 M T H L Y S V C 8 / 1 7 - 0 9 / 1 6 0 . 0 0 6 7 . 5 0 11 1 1 1 1 1 3 6 7 6 1 1 / 0 5 / 0 9 7 9 0 A T & T M O B I L I T Y 1 1 1 2 1 0 1 M T H L Y S V C 0 9 / 1 7 - 0 9 / 2 2 0 . 0 0 1 4 . 1 0 11 1 1 1 1 1 3 6 7 6 1 1 / 0 5 / 0 9 7 9 0 A T & T M O B I L I T Y 1 1 1 2 1 0 1 M T H L Y S V C 9 / 2 3 - 1 0 / 2 2 0 . 0 0 7 3 . 4 1 TO T A L C H E C K 0 . 0 0 2 2 0 . 7 4 11 1 1 1 1 1 3 6 7 7 1 1 / 0 5 / 0 9 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 8 8 . 0 0 11 1 1 1 1 1 3 6 7 7 1 1 / 0 5 / 0 9 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 2 6 . 0 0 11 1 1 1 1 1 3 6 7 7 1 1 / 0 5 / 0 9 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 2 . 0 0 11 1 1 1 1 1 3 6 7 7 1 1 / 0 5 / 0 9 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 6 8 . 0 0 TO T A L C H E C K 0 . 0 0 5 2 4 . 0 0 11 1 1 1 1 1 3 6 7 8 1 1 / 0 5 / 0 9 7 6 0 B L O S S O M V A L L E Y C O N S T R U C T 4 1 1 R E T E N T I O N - M E D I A N 1 1 0 . 0 0 - 4 , 3 5 1 . 8 8 11 1 1 1 1 1 3 6 7 8 1 1 / 0 5 / 0 9 7 6 0 B L O S S O M V A L L E Y C O N S T R U C T 4 1 1 9 1 3 2 - 0 0 2 P R O S M E D I A N N O . 1 1 0 . 0 0 4 3 , 5 1 8 . 7 5 TO T A L C H E C K 0 . 0 0 3 9 , 1 6 6 . 8 7 11 1 1 1 1 1 3 6 7 9 1 1 / 0 5 / 0 9 3 6 5 B O R E L , K R I S T I N 1 1 1 8 3 0 2 S U P P L I E S - N C A M P U S 0 . 0 0 7 1 . 5 2 11 1 1 1 1 1 3 6 7 9 1 1 / 0 5 / 0 9 3 6 5 B O R E L , K R I S T I N 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 9 . 3 0 TO T A L C H E C K 0 . 0 0 1 1 0 . 8 2 11 1 1 1 1 1 3 6 8 0 1 1 / 0 5 / 0 9 2 0 B R U C E ’ S T I R E , I N C 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 1 0 0 . 0 0 2 2 0 . 4 5 11 1 1 1 1 1 3 6 8 1 1 1 / 0 5 / 0 9 5 0 3 C A L I F O R N I A A S S O C O F P A R K 1 1 1 1 2 0 1 C O M M I S S I O N E R D U E S 0 . 0 0 1 9 0 . 0 0 11 1 1 1 1 1 3 6 8 2 1 1 / 0 5 / 0 9 7 7 5 C A S E Y C O N S T R U C T I O N I N C 4 1 1 9 1 5 3 - 0 0 1 R E T A I N I N G W A L L - C O M E R 0 . 0 0 4 9 , 9 8 6 . 0 0 11 1 1 1 1 1 3 6 8 3 1 1 / 0 5 / 0 9 1 6 3 C H O W , J A C K S O N 1 1 1 6 1 0 1 I N S T R U C T O R - S P E E C H 0 . 0 0 5 8 0 . 6 5 11 1 1 1 1 1 3 6 8 4 1 1 / 0 5 / 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 C O M P L E T I O N O F W E B S I T E 0 . 0 0 4 , 6 7 9 . 0 0 11 1 1 1 1 1 3 6 8 5 1 1 / 0 5 / 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 / 2 6 - 1 1 / 2 5 0 . 0 0 1 0 4 . 9 5 11 1 1 1 1 1 3 6 8 6 1 1 / 0 5 / 0 9 7 8 5 C O M C A S T 8 7 7 0 X X X X X X X X X 6 2 7 6 2 2 3 2 0 1 M T H Y S V C 1 0 / 1 6 - 1 1 / 1 5 0 . 0 0 3 2 . 8 8 54 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 6 8 7 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 2 3 0 1 A C C T G S U P E R V I S O R A D 0 . 0 0 1 2 8 . 0 0 11 1 1 1 1 1 3 6 8 7 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 A N N U A L D U E S - E D R I S 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 6 8 7 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 A N N U A L D U E S - F U R E Y 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 6 8 7 V 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 2 3 0 1 A C C T G S U P E R V I S O R A D 0 . 0 0 - 1 2 8 . 0 0 11 1 1 1 1 1 3 6 8 7 V 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 A N N U A L D U E S - E D R I S 0 . 0 0 - 1 1 0 . 0 0 11 1 1 1 1 1 3 6 8 7 V 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 A N N U A L D U E S - F U R E Y 0 . 0 0 - 1 1 0 . 0 0 TO T A L C H E C K 0 . 0 0 0 . 0 0 11 1 1 1 1 1 3 6 8 8 1 1 / 0 5 / 0 9 5 9 1 D A N C E F O R C E L L C 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 0 1 . 6 0 11 1 1 1 1 1 3 6 8 9 1 1 / 0 5 / 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 6 8 9 1 1 / 0 5 / 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 TO T A L C H E C K 0 . 0 0 4 3 3 . 6 8 11 1 1 1 1 1 3 6 9 0 1 1 / 0 5 / 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 1 0 / 0 9 0 . 0 0 3 0 4 . 0 0 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 6 . 4 3 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 9 . 1 4 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 5 . 5 7 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 5 0 0 . 4 2 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 1 0 . 1 4 11 1 1 1 1 1 3 6 9 1 1 1 / 0 5 / 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 1 . 9 7 TO T A L C H E C K 0 . 0 0 1 , 7 6 3 . 6 7 11 1 1 1 1 1 3 6 9 2 1 1 / 0 5 / 0 9 1 E N V I R O N M E N T A L 1 1 1 5 1 0 3 H A Z W A S T E F E E S 0 . 0 0 3 7 , 0 2 9 . 5 6 11 1 1 1 1 1 3 6 9 3 1 1 / 0 5 / 0 9 7 8 9 F L A N N E R Y , J A C Q U E L I N E R 1 1 1 6 1 0 1 I N S T R U C T O R S - B A K I N G 0 . 0 0 7 2 . 5 0 11 1 1 1 1 1 3 6 9 4 1 1 / 0 5 / 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 - B L O S S O M C T 0 . 0 0 4 8 1 . 5 7 11 1 1 1 1 1 3 6 9 4 1 1 / 0 5 / 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 R E P A I R S - G U A V A C T 0 . 0 0 1 4 5 . 0 0 11 1 1 1 1 1 3 6 9 4 1 1 / 0 5 / 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 - F R U I T V A L E 0 . 0 0 1 3 6 . 6 2 11 1 1 1 1 1 3 6 9 4 1 1 / 0 5 / 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 - C I V I C C N T R 0 . 0 0 2 0 8 . 7 6 TO T A L C H E C K 0 . 0 0 9 7 1 . 9 5 11 1 1 1 1 1 3 6 9 5 1 1 / 0 5 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 4 . 1 8 11 1 1 1 1 1 3 6 9 5 1 1 / 0 5 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 6 0 . 1 7 TO T A L C H E C K 0 . 0 0 7 4 . 3 5 11 1 1 1 1 1 3 6 9 6 1 1 / 0 5 / 0 9 4 6 6 G R A N I T E R O C K C O M P A N Y 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 6 3 . 6 7 11 1 1 1 1 1 3 6 9 7 1 1 / 0 5 / 0 9 5 6 3 H E I D , W J E F F R E Y 1 1 1 5 1 0 1 P R O F S V C S - G R E E N B R I A R 0 . 0 0 1 , 1 4 7 . 5 0 11 1 1 1 1 1 3 6 9 7 1 1 / 0 5 / 0 9 5 6 3 H E I D , W J E F F R E Y 1 1 1 8 1 0 1 P R O F S V C - N C A M P U S 0 . 0 0 4 , 1 8 7 . 5 0 TO T A L C H E C K 0 . 0 0 5 , 3 3 5 . 0 0 11 1 1 1 1 1 3 6 9 8 1 1 / 0 5 / 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 U P P L I E S - P A R K S 0 . 0 0 1 5 6 . 5 2 11 1 1 1 1 1 3 6 9 9 1 1 / 0 5 / 0 9 5 0 0 H O U R I G A N , B A R B A R A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 6 9 9 1 1 / 0 5 / 0 9 5 0 0 H O U R I G A N , B A R B A R A 1 1 1 P A Y M E N T R E F U N D 0 . 0 0 3 5 5 . 0 0 TO T A L C H E C K 0 . 0 0 6 5 5 . 0 0 11 1 1 1 1 1 3 7 0 0 1 1 / 0 5 / 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 1 3 9 3 5 1 - 0 0 1 N C A M P U S I R R I G A T I O N 0 . 0 0 1 3 , 1 7 8 . 1 2 55 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 7 0 1 1 1 / 0 5 / 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 R E M O V E D E B R I S - Q U I T O 0 . 0 0 7 3 5 . 0 0 11 1 1 1 1 1 3 7 0 1 1 1 / 0 5 / 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 C L E A N U P - S A R A / L G R D 0 . 0 0 1 , 7 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 5 2 5 . 0 0 11 1 1 1 1 1 3 7 0 2 1 1 / 0 5 / 0 9 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 8 8 . 0 0 11 1 1 1 1 1 3 7 0 2 1 1 / 0 5 / 0 9 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 0 7 . 0 0 TO T A L C H E C K 0 . 0 0 4 9 5 . 0 0 11 1 1 1 1 1 3 7 0 3 1 1 / 0 5 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 5 9 . 2 5 11 1 1 1 1 1 3 7 0 4 1 1 / 0 5 / 0 9 7 8 8 K A S H U B A , B R E N D A L Y N N 1 1 1 6 1 0 1 I N S T R U C T O R - H E A L T H 0 . 0 0 3 7 3 . 7 5 11 1 1 1 1 1 3 7 0 5 1 1 / 0 5 / 0 9 5 0 0 L E B L A N C , T R A C Y 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 4 . 0 0 11 1 1 1 1 1 3 7 0 6 1 1 / 0 5 / 0 9 3 1 1 M E L O D Y A C A D E M Y O F M U S I C 1 1 1 6 1 0 1 I N S T R U C T O R - P I A N O 0 . 0 0 3 2 8 . 3 2 11 1 1 1 1 1 3 7 0 6 1 1 / 0 5 / 0 9 3 1 1 M E L O D Y A C A D E M Y O F M U S I C 1 1 1 6 1 0 1 I N S T R U C T O R - P I A N O 0 . 0 0 3 2 8 . 3 2 11 1 1 1 1 1 3 7 0 6 1 1 / 0 5 / 0 9 3 1 1 M E L O D Y A C A D E M Y O F M U S I C 1 1 1 6 1 0 1 I N S T R U C T O R - P I A N O 0 . 0 0 1 0 9 . 4 4 TO T A L C H E C K 0 . 0 0 7 6 6 . 0 8 11 1 1 1 1 1 3 7 0 7 1 1 / 0 5 / 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 D E V R E V I E W - 0 9 / 0 9 0 . 0 0 9 2 5 . 0 0 11 1 1 1 1 1 3 7 0 8 1 1 / 0 5 / 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 7 0 9 1 1 / 0 5 / 0 9 5 0 0 M O R A , R I C H A R D 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 1 5 . 0 0 11 1 1 1 1 1 3 7 1 0 1 1 / 0 5 / 0 9 8 9 M Y F I R S T A R T C L A S S 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 5 3 9 . 5 5 11 1 1 1 1 1 3 7 1 0 1 1 / 0 5 / 0 9 8 9 M Y F I R S T A R T C L A S S 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 3 5 9 . 7 0 TO T A L C H E C K 0 . 0 0 8 9 9 . 2 5 11 1 1 1 1 1 3 7 1 1 1 1 / 0 5 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 1 0 / 1 1 - 1 7 0 . 0 0 3 4 2 . 0 0 11 1 1 1 1 1 3 7 1 1 1 1 / 0 5 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 1 0 / 0 4 - 1 0 0 . 0 0 2 2 8 . 0 0 TO T A L C H E C K 0 . 0 0 5 7 0 . 0 0 11 1 1 1 1 1 3 7 1 2 1 1 / 0 5 / 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 2 O F F I C E S U P P L I E S 0 . 0 0 2 6 . 5 3 11 1 1 1 1 1 3 7 1 2 1 1 / 0 5 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 4 . 7 1 TO T A L C H E C K 0 . 0 0 1 7 1 . 2 4 11 1 1 1 1 1 3 7 1 3 1 1 / 0 5 / 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 11 1 1 1 1 1 3 7 1 4 1 1 / 0 5 / 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 / 2 0 1 0 0 . 0 0 1 1 , 8 5 0 . 0 0 11 1 1 1 1 1 3 7 1 5 1 1 / 0 5 / 0 9 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 5 8 8 . 8 1 11 1 1 1 1 1 3 7 1 6 1 1 / 0 5 / 0 9 2 1 4 P E T T Y C A S H - R E C R E A T I O N 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 8 . 3 2 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 S I G N A L R E P A I R S 0 . 0 0 3 , 2 8 9 . 6 1 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 6 1 1 8 4 9 9 S J W C - W I R I N G I S S U E 0 . 0 0 2 6 0 . 0 0 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 S I G N A L T E S T & R E P A I R 0 . 0 0 6 1 0 . 0 0 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 S I G N A L R E S P O N S E 0 7 / 0 9 0 . 0 0 4 , 4 3 8 . 4 5 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T E S T / R E P A I R 0 8 / 0 9 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 3 7 1 7 1 1 / 0 5 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 S I G N A L R E S P O N S E 0 8 / 0 9 0 . 0 0 4 , 4 3 7 . 5 5 TO T A L C H E C K 0 . 0 0 1 3 , 2 6 0 . 6 1 56 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 7 1 8 1 1 / 0 5 / 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 2 1 7 . 7 4 11 1 1 1 1 1 3 7 1 8 1 1 / 0 5 / 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 S 0 . 0 0 5 , 8 7 0 . 0 4 11 1 1 1 1 1 3 7 1 8 1 1 / 0 5 / 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 6 5 3 0 2 T O L L G A T E 0 . 0 0 4 1 . 1 0 TO T A L C H E C K 0 . 0 0 6 , 1 2 8 . 8 8 11 1 1 1 1 1 3 7 1 9 1 1 / 0 5 / 0 9 5 0 0 S H I H , S H E R R Y 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 7 2 0 1 1 / 0 5 / 0 9 5 0 0 S O H N , S A M 1 1 1 7 1 0 1 C I T A T I O N F E E R E F U N D 0 . 0 0 3 5 6 . 0 0 11 1 1 1 1 1 3 7 2 1 1 1 / 0 5 / 0 9 5 0 0 S P A N O , M A R C 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 1 2 5 . 0 0 11 1 1 1 1 1 3 7 2 2 1 1 / 0 5 / 0 9 2 5 6 S T E V E N S C R E E K Q U A R R Y I N C 4 1 1 9 1 1 1 - 0 0 1 R E S U R F A C I N G M A T E R I A L 0 . 0 0 1 4 8 . 5 4 11 1 1 1 1 1 3 7 2 2 1 1 / 0 5 / 0 9 2 5 6 S T E V E N S C R E E K Q U A R R Y I N C 4 1 1 9 1 1 1 - 0 0 1 D I S C O U N T 0 . 0 0 - 2 . 0 6 TO T A L C H E C K 0 . 0 0 1 4 6 . 4 8 11 1 1 1 1 1 3 7 2 3 1 1 / 0 5 / 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 A S P M T H L Y S V C 1 1 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 3 7 2 3 1 1 / 0 5 / 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 M T H L Y S V C 1 1 / 0 9 0 . 0 0 3 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 7 4 0 . 0 0 11 1 1 1 1 1 3 7 2 4 1 1 / 0 5 / 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 E X T R A S W E E P I N G 1 0 / 0 9 0 . 0 0 3 1 5 . 0 0 11 1 1 1 1 1 3 7 2 4 1 1 / 0 5 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S W E E P S V C 1 0 / 0 9 0 . 0 0 7 4 2 . 9 2 11 1 1 1 1 1 3 7 2 4 1 1 / 0 5 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S W E E P S V C 1 0 / 0 9 0 . 0 0 7 , 4 8 9 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 5 4 6 . 9 2 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N 1 0 / 0 7 0 . 0 0 2 5 5 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N L U N C H 1 0 / 0 7 0 . 0 0 8 . 1 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N S N A C K S 0 . 0 0 1 8 . 4 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 6 . 3 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E X C U R S I O N W A T E R 1 1 / 5 0 . 0 0 8 . 3 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C P R S C O N F - K I M 0 . 0 0 3 2 9 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 . 8 2 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S R E T U R N E D 0 . 0 0 - 2 9 . 9 4 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C O N S T A N T C O N T A C T 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 R A G I N G W A T E R S T I X 0 . 0 0 5 1 2 . 7 3 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 P A R K S & R E C C O N F 0 3 / 1 0 0 . 0 0 3 2 9 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A C M M E E T N G 0 9 / 2 5 0 . 0 0 1 0 2 . 9 1 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 W E B S I T E C O M M I T T E E 0 . 0 0 6 1 . 4 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 . 9 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 C O U R I E R - G R A N T A P P 0 . 0 0 9 2 . 6 4 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 M E E T I N G E X P 1 0 / 1 3 0 . 0 0 1 2 0 . 1 2 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 H R M E E T I N G 1 0 / 2 9 0 . 0 0 3 7 . 2 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 P E R S T R A I N I N G 1 0 / 2 9 0 . 0 0 2 7 5 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 2 4 . 1 9 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 I T C O M P U T E R S U P P L I E S 0 . 0 0 4 9 . 1 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M E E T I N G E X P 9 / 2 3 0 . 0 0 2 5 . 9 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A G E N D A M E E T I N G 9 / 2 4 0 . 0 0 4 2 . 2 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M E E T I N G 9 / 2 9 0 . 0 0 1 1 . 6 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 C O M M I S S I O N R E G D I N N E R 0 . 0 0 8 4 3 . 5 1 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 R E T U R N S U P P L I E S 1 0 / 0 6 0 . 0 0 - 1 0 4 . 6 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M E E T I N G 1 0 / 0 8 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A G E N D A M E E T I N G 1 0 / 0 8 0 . 0 0 5 0 . 5 0 57 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C O U N C I L M E E T I N G 1 0 / 1 3 0 . 0 0 1 3 5 . 3 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 2 2 3 . 5 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 1 7 . 5 4 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 0 . 9 1 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 7 . 2 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 8 8 . 5 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 1 8 . 0 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 7 1 0 2 S U P P L I E S - E M E R G E N C Y 0 . 0 0 3 4 8 . 8 7 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 O F F I C E S U P P L I E S 0 . 0 0 1 9 . 1 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 9 1 . 6 9 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 1 . 8 4 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 8 . 1 2 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 2 4 6 5 3 0 2 S U P P L I E S - G R E E N B R I A R 0 . 0 0 1 2 . 2 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 C R - I N C O R R E C T C H A R G E 0 . 0 0 - 3 4 6 . 0 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S B O O K S 0 . 0 0 1 1 4 . 4 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 6 4 . 2 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 1 3 0 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 1 0 4 . 9 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 2 0 . 2 4 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 8 9 . 3 2 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 C O O K O F F - E M P L R E C O G 0 . 0 0 2 9 . 4 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S T U D Y S E S S I O N 9 / 2 2 0 . 0 0 1 1 3 . 7 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S T U D Y S E S S I O N 9 / 2 2 0 . 0 0 3 2 . 2 9 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 7 . 6 9 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 A P A D U E S - F O S S A T I 0 . 0 0 1 8 9 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 M E E T I N G E X P 0 9 / 3 0 0 . 0 0 7 3 . 8 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 M E E T I N G E X P 1 0 / 1 4 0 . 0 0 1 7 0 . 5 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 1 . 7 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 T R A I N I N G - M A R S H A L L 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 M E E T I N G E X P 9 / 2 4 0 . 0 0 2 7 . 9 8 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 5 8 . 5 1 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 7 . 4 5 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 7 3 . 9 6 11 1 1 1 1 1 3 7 2 6 1 1 / 0 5 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 . 0 9 TO T A L C H E C K 0 . 0 0 6 , 3 1 4 . 5 2 11 1 1 1 1 1 3 7 2 7 1 1 / 0 5 / 0 9 3 9 6 U S P O S T M A S T E R S 1 1 1 6 1 0 1 P O S T A G E - 2 0 1 0 G U I D E 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 8 5 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 4 4 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 4 4 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 3 7 2 8 1 1 / 0 5 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 3 3 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 9 1 5 . 0 0 11 1 1 1 1 1 3 7 2 9 1 1 / 0 5 / 0 9 7 5 1 Z A M A R M E D I A S O L U T I O N 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 2 0 1 . 6 2 11 1 1 1 1 1 3 7 3 0 1 1 / 0 5 / 0 9 7 6 2 A T O O L S H E D 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 58 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 1 1 / 0 9 / 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 5 : 3 2 : 2 9 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c h e c k _ n o b e t w e e n ’ 1 1 3 6 7 2 ’ a n d ’ 1 1 3 7 3 3 ’ AC C O U N T I N G P E R I O D : 5 / 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 7 3 1 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 F Y 2 0 1 0 D U E S - F U R E Y 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 7 3 2 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 3 1 0 1 F Y 2 0 1 0 D U E S - E D R I S 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 3 7 3 2 1 1 / 0 5 / 0 9 2 8 4 C S M F O 1 1 1 2 3 0 1 P Y N O T I C E / A D 0 . 0 0 1 2 8 . 0 0 TO T A L C H E C K 0 . 0 0 2 3 8 . 0 0 11 1 1 1 1 1 3 7 3 3 1 1 / 0 5 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - C S P R I N G S 0 . 0 0 6 8 2 . 8 1 TO T A L C A S H A C C O U N T 0 . 0 0 2 2 5 , 8 0 4 . 8 3 TO T A L F U N D 0 . 0 0 2 2 5 , 8 0 4 . 8 3 TO T A L R E P O R T 0 . 0 0 2 2 5 , 8 0 4 . 8 3 59 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Jonathan Wittwer DIRECTOR: John Cherbone Assistant City Attorney SUBJECT: On-going Designation of City Engineer RECOMMENDED ACTION: Approve Resolution Confirming the On-going Designation Regarding the City Engineer. REPORT SUMMARY: The City Engineer is the person designated by the City Council as being responsible for the duties to be performed by the City Engineer. This Resolution confirms the ongoing designation of the Public Works Director as the person responsible for the duties to be performed by the City Engineer. In the event that any Public Works Director is not a licensed engineer, the Public Works Director will designate in writing one or more City employees or City contractors duly licensed as an engineer to carry out the duties to be performed by the City Engineer. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Public Works Director will compose letter(s) designating one or more city employees or City contractors to perform the duties of City Engineer. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A 60 ATTACHMENTS: Attachment A – Resolution Confirming the Ongoing Designation Regarding the City Engineer. 61 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING THE ONGOING DESIGNATION REGARDING THE CITY ENGINEER WHEREAS, the City Engineer is the person designated by the City Council as being responsible for the duties to be performed by the City Engineer; and WHEREAS, the Public Works Director has had the ongoing responsibility for the duties to be performed by the City Engineer and the delegation thereof with the knowledge and consent of the City Council; and WHEREAS, holding a engineering license is not a mandatory qualification to hold the position of Public Works Director; and WHEREAS, the Public Works Director may designate one or more City employees or City contractors licensed as engineers, to carry out the duties to be performed by the City Engineer. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: 1. The City Council hereby confirms the ongoing designation of the Public Works Director as the person responsible for the duties to be performed by the City Engineer; and that 2. The Public Works Director may designate in writing one or more City employees or contractors duly licensed as an engineer to carry out the duties to be performed by the City Engineer and shall do so in the event that the Public Works Director is not a licensed engineer. PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 18th day of November 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chuck Page Mayor ATTEST: ____________________________________ Ann Sullivan City Clerk 62 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst Public Works SUBJECT: Citywide Signal Upgrade Project – Agreement for Professional Design Services RECOMMENDED ACTION: 1. Approve Independent Contractor Agreement with Mark Thomas & Company Inc. 2. Authorize the City Manager to execute the same. 3. Authorize the Public Works Director to issues change orders for up to 25% of the Agreement amount. REPORT SUMMARY: Background: The Public Works Department has applied for and received CDBG grant money for the Citywide Signal Upgrade Project. We plan to update existing signals with audible signals for the visually impaired. The City plans to install a “vibrotactile” type of pedestrian signal. While a pedestrian’s hand is on the pushbutton the device gives the pedestrian a vibration when the WALK signal is on. This is an unobtrusive means of providing the visually impaired with 100% confidence that the WALK light is on. While inspecting the intersections to be upgraded it was noted that ADA design improvements were needed at the majority of the intersections including, improving slopes, widening ramps, and aligning the path of travel to the improved ramps. The decision was made to put out a RFP to select a consultant to design improvements for all fifteen intersections and then have the designs available for construction bidding at a later date. Discussion: In October 2009, the Public Works Department solicited bids for design services for the design and construction drawings for Citywide Signal Upgrade Project. Nine companies responded with cost proposals for the requested services. Bids ranged from $45,447 to $161,400. The lowest bid in the amount of $45,447 was submitted by Mark Thomas & Company, Inc. They have a good reputation and a successful track record for bringing projects to completion within estimated timelines. 63 Page 2 of 2 After reviewing the proposal, staff is requesting that a 25% contingency be approved for this project, bringing the total costs to $56,800. Some costs could not be determined until the actual field work is done and staff is anticipating that surveying and additional ADA ramps may be required. Even with this higher contingency, the amount is still lower than the second lowest bid that the City received. Therefore staff recommends that the Council approve the Agreement with Mark Thomas & Company, Inc. and authorize the City Manager to execute the same. FISCAL IMPACTS: The CIP contains sufficient funds for the design services for the signal project and will be reimbursed through the CDBG grant money. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Contract will not be executed and design for the signal project will not be developed at this time. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Agreement will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. RFP 2. Consultant Proposal 2. Independent Contractor Agreement 64 C C I I T T Y Y O O F F S S A A R R A A T T O O G G A A )5 8 ,7 9 $/( $9(1 8 ( Ã 6 $5 $7 2 *$, &$ 0 0 Ã :::.6 $5 $7 2 *$.&$.8 6 Incorporated October 22, 1956 COUNCIL MEMBERS: Jill Hunter Kathleen King Howard Miller Susie Nagpal Chuck Page October 9, 2009 Subject: Request for Proposal to Provide Professional Design Services for the Cit ywide Accessible Signal Upgrade Project To Who m It May Concern: The Cit y of Saratoga, pursuant to Municipal Code section 245.140, is requesting proposals fro m qualified consult ing professio nals experienced in the planning and design of intersection for ADA compliance including upgrade of the exist ing pedestrian pushbuttons to Accessible Pedestrian Vibrotactile Pushbutton Systems. The successful consultant shall perform the tasks as listed in the Project Description. SUBMISSION DEADLINE In order for your proposal to be considered, submit two (2) copies to: John Cherbone Public works Director Cit y of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 8681241 (408) 8681281 fax Submission deadline: Wednesday, November 4, 2009 at 5:00 p.m. For more information visit the Cit y’s website at www.saratoga.ca.us and look under “Services” for RFP’s and Bids 65 2 PROJECT DESCRIPTION The Cit y of Saratoga has developed a plan to update 15 Cit y owned traffic signal intersections with audible signals for the visually impaired and handicap ramps. The Cit y plans to install a “vibrotactile” type of pedestrian signal. The device gives the pedestrian a vibrotactile signal (vibration) when the WALK sign is on. The product to be used will be the Polera Navigator 2 Wire Push Button Station and Polera Navigator 2 Wire Central Control Unit. The Cit y has received Communit y Development Block Grant Funds for the design and installation of the improved pedestrian signal buttons. The desired project improvements that shall be designed include but are not limited to: Intersection Improvements: • ADA Co mpliance • Ramps in accordance to Caltrans Standard Plans May 2006 • Path of travel • Slope • Signage and striping • Stand alone poles for pedestrian push buttons • Signal modificat ions if needed The consultant’s services required by the Cit y shall include, but not limited to, the preparation of, cost estimates, and construction design plans as fo llows: 1. Construction Design Phase • 50% Civil Design Plans and Specificat ions • 90% Civil Design Plans and Specificat ions • Final Civil Design Plans and Specificat ions 66 3 PROPOSAL REQUIREMENTS 1. Background: Provide a descript ion of your firm’s background and relevant qualifications. This shall include a description o f experience on any related projects. Also, provide the fo llowing information: a. The location of the offices where the work is to be performed. If the work is to be shared among firms and offices at different locations, indicate where each office is located and what work is to be performed in each office; and b. A summary o f the work to be performed by each sub consultant firm proposed for the project. 2. Related Experience: Provide a list of similar projects that your firm has completed in the last five years. For each project, include the name and phone number of the Client. 3. Staff Experience: Provide resumes describing the qualifications of the staff that will be working on this project. The Cit y is interested in similar type projects completed by staff in the past five years. 4. Organization Chart: Show the proposed relationships between the key personnel and support staff who are expected to participate on the project, showing which aspects of the work each person will be responsible for performing. 5. Listing of Sub consultants: List all sub consultants to be used for this project. The Cit y reserves the right to approve or reject the use of any such sub consultants. 6. Cost of Providing Services: Please include cost for providing services as described in the Project Descript ion. 7. Proposal Format: The ent ire Proposal is to be limited to 50 pages (8 ½ X 11”, singlesided) maximum. Where this Request for Proposal does not adequately define or include the tasks required providing complete professio nal services, and then describe your recommended addit ional services and programs. 67 4 CITY’S RESPONSIBILITIES 1. Provide the consultant with any exist ing site information on file. CONSULTANT SELECTION PROCESS The Cit y will review all proposals. It is intended that a short list of consultants to be interviewed will be developed based upon the review of the proposals. A consultant will be selected fo llowing completion of the interviews. If you have any quest ions, please call me at (408) 8681241. Sincerely, John Cherbone Public Works Director Cit y of Saratoga 68 ENG PROPRIETARY TO POLARA AND SHALLWITHOUT WRITTEN CONSENT OF POLARA. OR DISCLOSED IN WHOLE OR IN PART NOT BE USED, COPIED, REPRODUCED INFORMATION ON THIS DOCUMENT IS REV. D ATE E.C.O. NO . LTR BY CK R M FG. M GR . EN G IN EE R IN G IN C. 41 1 5 W. ARTESIA AV E. FULL ERTON, C A. 92 8 3 3 (EXCEPT AS NO TED) FINAL APP . M FG DSN QA TITLE FNL DR AW N B Y DATE DSN. ENG. CK R . ENG. M GR . Q.A. APP . TOLERANCES: SHEE T OF DW G. NO . USE SCALE DW G. NO . Revised - 01 /11 /06 BB 03 - 14 - 03CENTRAL C ON TROL UN IT .XX ± .02 .XX X ± .00 5 1:1 CC U 2W NAV 1 1 CC U 8.677.15 3.22 2 W IRE NAV IGATOR Interface cable includedbut not shown The C C U is to be installed inside the Traffic C ab inet an d is po wered by the AC sup p ly mains (11 5 VA C). The C C U is the po wer sup p ly an d sign a ling interface betwee n the existing Intersec tion Traffic C on trol Unit an d the P ush B utt on Station s which are located in the field. One C C U can con trol up to 12 P ush B utton Station s. The C C U con trols up to fou r P edestrian ph a ses, rec e iving its timing from the Walk an d D on 't Walk sign a ls. Add ition a l ad van ce d con figu ration s can be ob tained by utilizing its general pu rpo se Inp u ts an d Outpu ts. All Inp u ts an d Outpu ts ha ve full op tical isolation an d includ e Tran sient Voltag e P rotec tion . Ped Walk / D on 't Walk Inp u ts: Optically Isolated 80 -15 0 Volts AC/DC 5mA Maximum General P urpo se Outpu ts & P ed Outpu ts: Optically Isolated 36 Volts AC/DC P eak .3A Solid State Fused C on tact C losure Fau lt Outpu t: Normally Open an d C losed R elay C on tacts 12 5 Volts AC/DC 1A M axim um A, B , C , D P B S P ower Outpu ts: Nom ina l 22 Volts D C , Sho rt C ircuit P rotec ted - Auto R ec overing General P urpo se Inp u ts: 10 - 36 Volts AC/DC P eak 10 mA Maximum, Optically Isolated En viron m ental: Operating an d Storag e -30 °F (-34 °C) to 16 5 °F (74 °C) 0-10 0 % Hum idity Non -Con d ensing CENTRAL C ON TROL UN IT (CC U) PWR ON OUTPUT INPUTS 2 DON'T WALK PED OUT 1 WALK A 3 FA ULT 1 2 4 6 OUTPUT 8 3 5 7 B C D PWR ON PED OUT DON'T WALK INPUTS WALK F USE 69 ENG PROPRIETARY TO POLARA AND SHALLWITHOUT WRITTEN CONSENT OF POLARA. OR DISCLOSED IN WHOLE OR IN PART NOT BE USED, COPIED, REPRODUCED INFORMATION ON THIS DOCUMENT IS REV. DATE E.C.O. NO. LTR BY CKR M FG. M GR. EN G IN EER IN G IN C. 4115 W. ARTESIA AVE. FULLERTON, CA. 92833 (EXCEPT AS NOTED) FINAL APP. M FG DSN QA TITLE FNL DRAW N BY DATE DSN. ENG. CKR. ENG. M GR. Q.A. APP. TOLERANCES: SHEET OF DW G. NO. USE SCALE DW G. NO. Revised - 04/20/06 BB 03- 14- 03 2 W IRE NAVIGATOR W R CLM RVC LB .XX ± .02 .XXX ± .005 1:3 N 25AN0- X JM c FB 1 2 N 25AN0- X PU SH BUTTON STATION The 2 Wire Navigator PBS is the pedestrian interface to the Navigator Accessible Pedestrian System . A system includes a Central Control Unit (CCU), a Configurator, and up to 12 Push Button Stations. The PBS provides valuable inform ation and cues via both a vibrating arrow button and audible sounds m aking the intersection accessible for all pedestrians. All sounds em anate from the back of the unit. The weather-proof speaker is protected by a vandal resistant screen. A sunlight visible red LED latches "ON" to confirm the button has been pushed. PBS includes fram e, sign, ADA com pliant push button, and m ounting hardware. By interfacing with the Central Control Unit that installs in the traffic control cabinet the PBS can provide the following standard features. - Confirm ation of button push via latching LED, sound, and vibrotactile bounce. - Direction of travel (with extended button push). - Standard locating tone during Don't Walk (and clearance if desired). - Cuckoo, chirp, or standard voice m essage during walk. - Vibrating button during walk. - Standard locating tone, custom sound, or verbal countdown during PED clearance. - All sounds autom atically adjust to am bient over 60dB range. - Most sounds can have m inim um and m axim um volum e independently set. - All sounds are synchronized. - Extended button push can turn on, boost volumes, and/or mute all sounds except those on activated crosswalk. - Special em ergency m essages available. PUSH BUTTON STATION (PBS) Additional custom options listed on page 2. PATENT 6,340,936 2.20 M AX 5.44 14.09 PUSHBUTTONFOR 70 STANDARD SIGN OPTION S OPTION A OPTION B Custom message and sou n d op tion s defina b le by custom er include: - Custom locating tone - Informational message - Custom walk sounds/mess ag e - Custom clearance sou n d - Multiple languages (up to three , selec tab le by user) - Street name in Braille on the sign All above features along with m an y m ore are field selec tab le using a Configurator. With the C on figu rator, a sing le P B S or all PBS's on the intersec tion can be cha n g ed/up d a ted with a single button push. Available in three standa rd colors - B lack, G ree n & Ye llow -X at end of part number spec ifies color: -B = Black, -G = G ree n, - Y = Ye llow Environmental: -40°F (-40 °C) to 15 0 °F (65 °C) Push Button: ADA Com plian t, raised tactile arrow on bu tton , solid state switch rated to 20 m ill i on actua tion s minimum.Construction: Die-cast alum inu m , po wder coa ted The 2 Wire Navigator is design ed to op erate using existing button wires (a pair of wires + an d C omm on ) for each ph a se with from one to a maxim um of three P ush B utt on Station s on a phase. If there is no t a sepa rate com m on for each ph a se, Polara cannot guarantee the system will work prop erly in all instances. Each case will ha ve to be tried an d proven bec au se it depends upon the con d ition of the wires, splice s, etc., an d whether the common is sha red with the 11 5 V ligh t system . In the event the 2 Wire system do es no t work, P olara will swap it out for a 4 Wire system as lon g as there is no da m ag e to the units.PROPRIETARY TO POLARA AND SHALLWITHOUT WRITTEN CONSENT OF POLARA.OR DISCLOSED IN WHOLE OR IN PART NOT BE USED, COPIED, REPRODUCED INFORMATION ON THIS DOCUMENT IS TITLE DW G. NO .DW G. NO . SCALE SHEE T USE (EXCEPT AS NO TED) DATE C R EATED TOLERANCES: REV REV. D ATE OF ECO 2 W IRE N AV IGATOR N25 AN0- X N25 AN0- X 1:3 2 2 .XX ± .02 .XX X ±.00 5 03 - 14 - 03 04 - 20 - 06 71 Street Cross Street 1 Fruitvale Avenue Allendale 2 Prospect Road Miller Avenue 3 Quito Road Allendale Avenue 4 Quito Road Pollard Road 5 Saratoga Avenue Bellgrove Circle / Vineyard Lane 6 Saratoga Avenue Cox Avenue 7 Saratoga Avenue Dagmar Drive 8 Saratoga Avenue Fruitvale Avenue 9 Saratoga Avenue Scotland Drive / Audry Smith 10 SaratogaSunnyvale Road Blauer Drive 11 SaratogaSunnyvale Road Cox Avenue / W ardell Road 12 SaratogaSunnyvale Road Herriman Avenue 13 SaratogaSunnyvale Road Pierce Road 14 SaratogaSunnyvale Road Reid Lane / Gerald Zapelli Court 15 SaratogaSunnyvale Road Seagull W ay Saratoga Owned Signals to be Upgraded 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 1 of 21 Standard Contract CITY OF SARATOGA PUBLIC WORKS DEPARTMENT STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Mark Thomas & Company, Inc. ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on November 19, 2009 and extends through May 19, 2010 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor’s completion of the Scope of Work pursuant to this Agreement. Contractor 96 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 2 of 21 Standard Contract shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by John Cherbone ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or 97 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 3 of 21 Standard Contract communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: John Cherbone City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Notices to City shall be sent to: Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank- 98 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 4 of 21 Standard Contract IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________ Date: _________________ Print Name: Richard Tanaka Position: Principal CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit B-1 – Rate Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements 99 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 5 of 21 Standard Contract EXHIBIT A SCOPE OF WORK On request of the Public Works Director or his or her designee, Consultant will perform design services on behalf of the City in the following particulars: a) ADA design for fifteen (15) intersections in Saratoga in preparation for the installation of “vibrotactile” pushbuttons. These include: 100 Citywide ADA Traffic Signal Upgrade Design Public Works Department Page 6 of 21 Standard Contract EXHIBIT B PAYMENT 1. TOTAL COMPENSATION . City shall pay Contractor at the rates set forth on the attached rate schedule, exhibit B-1. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A – Scope of Work of this Agreement shall not exceed Forty five thousand four hundred forty seven dollars ($45,447). 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Hourly Rates schedule is shown on Exhibit B-1. Invoices shall be sent to the City no later than the 15th of the month following the month term being invoiced for. Invoices shall contain the following information: i. Serial identifications of bills for each applicant/project, i.e. Invoice No.1 on each individual invoice sheet. ii. Reference the City’s application number per applicant/project (as identified on the City transmittal cover sheets) on each individual invoice sheet. iii. The beginning and ending dates of the billing period on each individual invoice sheet. iv. A summary cover sheet containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 101 Public Works Department Page 7 of 21 Standard Contract EXHIBIT B-1 RATE SCHEDULE 102 Public Works Department Page 8 of 21 Standard Contract EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 103 Public Works Department Page 9 of 21 Standard Contract EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor’s profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 104 Public Works Department Page 10 of 21 Standard Contract 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor’s failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and 105 Public Works Department Page 11 of 21 Standard Contract employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor’s family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. 106 Public Works Department Page 12 of 21 Standard Contract b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor’s employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor’s employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. 107 Public Works Department Page 13 of 21 Standard Contract b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all 108 Public Works Department Page 14 of 21 Standard Contract responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor 109 Public Works Department Page 15 of 21 Standard Contract in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor’s bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, 110 Public Works Department Page 16 of 21 Standard Contract seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION In the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees and costs whether or not such action is prosecuted to judgement. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 111 Public Works Department Page 17 of 21 Standard Contract 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor’s obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 112 Public Works Department Page 18 of 21 Standard Contract EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $2,000,000 combined single limit for bodily injury and property damage ___ $ ____________ per person/$__________ per accident for bodily injury 113 Public Works Department Page 19 of 21 Standard Contract ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." 114 Public Works Department Page 20 of 21 Standard Contract All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 115 Public Works Department Page 21 of 21 Standard Contract d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 116 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan DIRECTOR: Dave Anderson City Clerk City Manager SUBJECT: Council Liaison to the Saratoga Ministerial Association RECOMMENDED ACTION: Adopt the attached Resolution amending Resolution No. 08-082 appointing Council representatives to Committees, Agencies and AdHoc Committees to include a new agency – Saratoga Ministerial Association. BACKGROUND: Throughout the year, the City Council invites various outside agencies to participate in a Joint Meeting. The purpose of these meetings is to continue good relations and/or establish new relationships with outside agencies that in some way affect the City. At the November 4, 2009 Joint Meeting, Council met with members of the Saratoga Ministerial Association. At that meeting members of the Ministerial Association expressed an interest in working with the City to explore areas where both the City and the Ministerial Association could work together to build community relationships. After a very productive dialog, it was recommended that a new agency – Saratoga Ministerial Association be added to the Council Agency and Ad hoc Committee list and that a City official attends the monthly meetings of the Association. Council directed staff to amend the attached Resolution No. 08-082 by creating a new agency – Saratoga Ministerial Association – to be added to the Council Agency and Ad hoc Committee. Mayor Chuck Page volunteered to be the representative to this new agency and Councilmember Howard Miller volunteered to be the alternate. The following changes to the Council Agency and Ad hoc Committee have been requested by the Mayor and are reflected in the attached resolution: Agency Councilmember Alternate Saratoga Ministerial Association Page Miller 117 Page 2 of 2 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Resolution No. 08-082 would not be amended and there would be no City official required to attend the monthly meetings of the Saratoga Ministerial Association. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A – Resolution No. 08-082 Attachment B – Amended Resolution 118 119 120 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION NO 08-082 APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC COMMITTEES FOR 2009 WHEREAS, the City Council reorganized on December 2, 2008, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby to be appointed to the agencies and adhoc committees named, through December 2009, or until replaced: Agency Councilmember Alternate Association of Bay Area Government Nagpal Hunter Chamber of Commerce Miller Nagpal Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) Nagpal Miller County HCD Policy Committee Nagpal Miller Hakone Foundation Board King N/A Hakone Foundation Executive Committee Page N/A Historical Foundation Hunter Miller KSAR Community Access TV Board Miller Hunter Library Joint Powers Association Hunter Nagpal Lower Peninsula Valley Flood Control & Watershed Advisory Committee King Miller Peninsula Division, League of California Cities Page King Recycling & Waste Reduction Commission of SCC Cities Association Appointment Cities Association Appointment Santa Clara Valley Water District Commission Hunter Miller Santa Clara County Cities Association Executive Board Page King SCC Cities Association Selection Committee Page King Santa Clara County Cities Association- Joint Economic Development Policy Committee (JEDPC) King Miller Santa Clara County Emergency Miller Hunter 121 Council Saratoga Ministerial Association Page Miller SASCC Nagpal Hunter Sister City Liaison Nagpal Hunter West Valley Solid Waste Joint Powers Association Miller Nagpal Valley Transportation Authority PAC Page King West Valley Sanitation District Page Nagpal West Valley Mayors and Managers Association Page King (Both members are required to attend meetings) Airport Land Use Committee Cities Association Appointment Cities Association Appointment City School Ad-Hoc King Page Council Finance Committee Page Miller Village Ad-Hoc Hunter Nagpal The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18th day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor ATTEST: ________________________________ Ann Sullivan, City Clerk 122 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Appeal of Conditional Use Permit Application No. CUP 09-0004: 20398 Blauer Drive, which was denied by the Planning Commission, to operate a new day care facility in the Professional Administrative Zoning District. RECOMMENDED ACTION: Deny the appeal for a Conditional Use Permit, thus affirming the Planning Commission denial issued on October 14, 2009. REPORT SUMMARY: Project History On March 18, 2009 an application was received for a new day care center with 80 students and 10 teachers. The property is located in the Professional Administrative (PA) zoning district and requires a Conditional Use Permit for the proposed use. Following a request from Staff in April and May (Attachment 4), a traffic study submitted by the applicant in late June indicated that the 14 available parking spaces could accommodate 40 students (Attachment 6). At that time, the applicant indicated they wanted to conduct additional research to support their proposal for more students. Following a period of no correspondence, staff followed up with the applicant’s traffic engineer in late August, and learned that the applicant had not pursued the additional research. Staff informed the applicant and owner that the City’s traffic consultant would need to review the final traffic study before staff could make a recommendation and schedule the project for Planning Commission review. After the owner declined to pay fees for the peer review, Staff met with the owner in September to try and resolve the matter. However, the owner requested that the Planning Commission review the project (without peer review) at the October 14th Public Hearing. On October 14th, the Planning Commission reviewed the application for the new day care facility. As proposed, the day care center would provide services for 56 students (16 more children than recommended by the applicant’s traffic engineer). The facility would operate from 7:00 a.m. to 6:00 p.m. in an existing 5,000 square foot building formerly occupied by office uses. The day care center would include a playground in the front of the building adjacent to Blauer Drive, as shown on the Site Plan (Attachment 5) and as described in the Staff Report dated October 14, 2009 (Attachment 2). 123 Page 2 of 2 The Planning Commission opened the Public Hearing and heard testimony from the owner and members of the public. Ten neighbors spoke in opposition to the project with concerns regarding traffic, noise, children’s safety, pedestrian safety, and the ability of four (4) teachers to care for the 56 children (see Attachment 3). After the public hearing was closed, the Planning Commission discussed several issues including the height of the fence in the front yard being over the maximum allowed once a retaining wall is put in place, the location of the playground near a busy street, the lack of enough open space for the children (as required by the State), the lack of a peer review to confirm the allowable number of students, and the employee/student ratio. Following a detailed discussion of the above items, the Planning Commission denied the project unanimously (7-0) with prejudice. FISCAL IMPACTS: Not applicable CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Depending on the alternative action, the proposal for a new day care center could be approved. ALTERNATIVE ACTION: The City Council could also take one, or a combination of, the following alternative actions. 1. Approve the appeal, thus reversing the Planning Commission denial issued on October 14, 2009, and approving the Conditional Use Permit for a day care center. 2. Direct the applicant to make changes and continue the public hearing to a date certain. 3. Direct the applicant to make changes and refer the application back to the Planning Commission. FOLLOW UP ACTION: Not applicable ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the Saratoga News. ATTACHMENTS: 1. City Council Resolution of denial of application CUP09-0004 2. 10/14/09 Planning Commission Hearing Staff Report, Resolution, Fire Department Review 3. Neighbor Correspondence 4. Staff Correspondence 5. Site Plan (“Exhibit A” from Planning Commission meeting of October 14, 2009) 6. Traffic Study 7. Mailing notice and address list 8. Appeal application dated 10/28/09 9. Applicant Submittals 124 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT APPLICATION CUP 09-0004 for a new day care facility in the Professional Administrative Zoning District Alex Du Von; 20398 Blauer Drive WHEREAS, on October 14, 2009, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission denied a Conditional Use Permit application (CUP09-0004) for the operation of a day care facility for 56 students in the Professional Administrative Zoning District; and WHEREAS, on October 28, 2009 an appeal of the Planning Commission decision was filed by th e appellant Julia Hashemieh; and WHEREAS, on November 18, 2009, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith. Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Denies the appeal and affirms the Planning Commission’s denial of a Conditional Use Permit application; and II. Determines that the California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves, pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15270(a). III. Determines that the applicant has not met the burden of proof required to support said application for Conditional Use Permit Approval, as consistent with the following Conditional Use Permit findings specified in City Code Section 15-55 and the below General Plan goals and policies. General Plan Goals and Policies The proposed project is not consistent with the following General Plan Policies: Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods (Circulation Policy 7.0a). The project is not consistent with this General Plan Policy in that as proposed, the facility would have five (5) employees and provide services for 56 students on property which has only 14 available parking spaces. Applicant’s own Traffic Study dated June 18, 2009 (as to which Applicant refused Peer Review) indicates that existing parking on 125 2 Application No. CUP 09-0004; 20398 Blauer Drive site can accommodate only 40 students (based on the assumption that “the average parking duration would be a few minutes” and giving no consideration to the potential for large events). Hence, the City Council finds that the proposed non-residential project will not provide adequate parking to minimize intrusion into adjacent neighborhoods. Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated (Land Use Policy 5.2). The project is not consistent with this General Plan Policy in that the number of available parking spaces is not in proportion to the number of students proposed, the proposed fence is over the maximum allowed in the front setback, and play structures are not allowed in the front setback and would not be harmonious with the surrounding neighborhood and businesses. Use Permit Findings The Applicant’s Project has not met the burden of proof to support the Findings required for approval of a Use Permit under Article 15-55 of the City Code, as set forth below: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding cannot be made in the affirmative. As proposed, the facility would have five (5) employees and provide services for 56 students on property which has only 14 available parking spaces. The applicant’s own Traffic Study dated June 18, 2009 (as to which Applicant refused Peer Review) indicates that existing parking on site can accommodate only 40 students (based on the assumption that “the average parking duration would be a few minutes” and giving no consideration to the potential for large events). Hence, the City Council finds that the proposed non-residential project will intrude into and adversely affect the immediate neighborhood and surrounding properties or the occupants thereof. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding cannot be made in the affirmative. Day Care Facilities are not allowed as of right in the Professional Administrative (PA) zoning district. Due to the inadequate parking spaces on the property and the intrusion and adverse affects which will result to immediate neighborhoods and surrounding properties, this proposed project is not in accord with the following purposes of the PA zoning district: City Code Section 15-05.020 (a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere. (c) To foster a harmonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole. 126 3 Application No. CUP 09-0004; 20398 Blauer Drive (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (j) To provide for adequate off-street parking and loading facilities. and City Code Section 15-18.010 (a) To reserve appropriately located areas for harmonious transitional uses to serve as buffers between residential districts and commercial districts (as proposed this will not be a harmonious transitional use). (c) To create a suitable environment for office buildings especially designed for their purposes, located on sites large enough to provide room for landscaped open spaces and off-street parking facilities. (e) To provide adequate space to meet the needs of modern office buildings, including off-street parking of automobiles …. (f) To minimize traffic congestion …. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding cannot be made in the affirmative. The proposed location of the conditional use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety and welfare and injurious to properties or improvements in the vicinity in that: as proposed, the facility would have five (5) employees and provide services for 56 students on property which has only 14 available parking spaces. The applicant’s own Traffic Study dated June 18, 2009 (as to which Applicant refused Peer Review) indicates that existing parking on site can accommodate only 40 students (based on the assumption that “the average parking duration would be a few minutes” and giving no consideration to the potential for large events). The proposed conditional use will comply with each of the applicable provisions of the Saratoga Zoning Ordinance (Chapter 15 of the City Code. This finding cannot be made in the affirmative. The proposed fence that would be located on top of a retaining wall would be taller than the maximum allowed height for fences in the front setback. Play structures are not allowed in the front setback and the project does not meet the State’s requirement for outdoor play space. Furthermore, the project does not meet the City’s requirement for off-street parking. IV. Project Denial After careful consideration of the entire Application and any other exhibits and evidence submitted in connection with this matter, the statutory exemption from CEQA is approved, the findings for denial set forth above are made, and the Application No. CUP-09-0004 for a new day care facility in the Professional Administrative Zoning District is hereby denied. 127 4 Application No. CUP 09-0004; 20398 Blauer Drive PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 18th day of November, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________________ Chuck Page, Mayor ATTEST: ________________________________________________ Ann Sullivan, City Clerk 128 1 REPORT TO THE PLANNING COMMISSION Application No. CUP 09-0004 Location: 20398 Blauer Drive Type of Application: Conditional Use Permit (CUP) Applicant: Alex Du Von Staff Planner: Cynthia McCormick, Assistant Planner, AICP Meeting Date: 10/14/09 APN: 393-02-005 Department Head: John Livingstone, AICP 20398 Blauer Drive 129 2 EXECUTIVE SUMMARY CASE HISTORY: Application filed: 03/18/09 Application complete: n/a Notice published: 09/29/09 Mailing completed: 09/29/09 Posting completed: 10/08/09 PROJECT DESCRIPTION: The applicant is requesting a Conditional Use Permit (CUP) for a new day care facility in an existing 5,000 square foot building formerly occupied by office uses. As proposed, the facility would have five (5) employees and provide services for 56 students. The property has 14 available parking spaces. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The property is located in the Professional Administrative (PA) zoning district and requires a use permit for the proposed use. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves, pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15270(a). STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the application as proposed because the applicant would not agree to a Peer Review of the Traffic Study and staff cannot therefore confirm the validity of the Traffic Study. Alternatively, the Planning Commission could continue the project to allow the applicant to pay fees necessary for peer review of the traffic study. Staff recommendations regarding the number of students allowed would be primarily based on results of the traffic study and peer review recommendations. PERMANENT CONDITIONS OF APPROVAL: Staff is not recommending any permanent conditions of approval. 130 3 PROJECT DATA ZONING: Professional Administrative (PA) GENERAL PLAN DESIGNATION: Professional Administrative (PA) PARCEL SIZE: 21,780 sq. ft. TENANT SPACE: Approximately 5,000 sq. ft. FORMER USE: The project would be located in an existing building formerly occupied by offices which are a permitted use. SURROUNDING LAND USES: Land uses surrounding the site are commercial uses to the north and west, and residential uses to the east and south. PROPOSED USE: The facility would operate as a daycare center. HOURS OF OPERATION: Proposed hours of operation for the facility are from 7:00 a.m. to 6:00 p.m. EMPLOYEES: As proposed, the facility would operate with 4 employees. STUDENTS: As proposed, the facility would provide services for 56 students. BUILDING SITE: The project would be located in an existing 5,000 square foot building. PARKING: The property has 14 existing parking spaces. SIGNAGE: The applicant is not proposing any signage at this time. If any signage is desired in the future, the applicant would be required to submit a sign permit application for review and approval by the Planning Commission or through the administrative review process, as appropriate. 131 4 PROJECT DISCUSSION AND SITE CHARACTERISTICS Background Prior to scheduling the project for Planning Commission review, staff met with the applicant to discuss concerns related to traffic impacts and parking requirements for the proposed project. Staff also spoke with the applicant regarding the need for a Peer Review of the applicant’s Traffic Study. Standard practice for determining the required numbers of parking spaces has been based on a Traffic Study performed by an applicant’s traffic engineer and a Peer Review of the traffic study by the City’s traffic consultant. The purpose of the Peer Review is to validate the adequacy and appropriateness of the assumptions used by the applicant’s traffic engineer for the project analysis and recommendations. The applicant would not agree to a Peer Review and has requested the Planning Commission make a decision on the proposal based solely on the Traffic Study without peer review of the Traffic Study provided by the applicant’s traffic engineer. Based on the results of the Traffic Study, the applicant has reduced the number of proposed students from 80 to 56. However, the Traffic Study, conducted by the applicant’s traffic engineer, indicates that the 14 available parking spaces could only accommodate 40 students. The Traffic Study is included as Attachment #3 and is discussed below. Proposed Project The use would operate as a day care facility for young children. The day care facility would be located in an existing 5,000 square foot building. The property currently has 14 available parking spaces. As proposed, the facility would have five (5) employees and provide services for 56 students. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The applicant also proposes a play area within the front setback. The play area would be comprised of three areas of grass and artificial turf. The three play areas would be connected by a 10” high redwood bridge/walkway and enclosed within a fence. The site plan does not show the location of any permanent play structures; however the applicant has indicated their intent to have portable play equipment that would be brought inside the facility in the evening. Examples of the type of play equipment proposed will be on display at the Public Hearing. City Code does not allow play equipment within the front setback area. Furthermore, play equipment may not appear harmonious with other buildings and uses in the neighborhood. The minimum front setback area is twenty-five feet. According to the California State Department of Social Services, the open space requirement for licensed day care centers is 75 square feet per child. Currently, the site plans shows approximately 2,800 square feet of play area which would accommodate approximately 37 children. Fencing and Landscaping: The property is currently surrounded by existing mature landscaping. New landscaping and a four foot (4’) high wrought-iron fence and gate would be installed in the front yard. The wrought-iron 132 5 fence would be comprised of two inch (2”) horizontal rails, one inch (1”) vertical rails, and three inch (3”) posts. Traffic and Parking The applicant submitted a traffic study completed by Hexagon Transportation Consultants, Inc. (attachment 4). The applicant’s Traffic Study indicates that a maximum of 40 students could be accommodated by the 14 available parking spaces. The Traffic Study assumes that “the average parking duration would be a few minutes.” The Traffic Study does not consider the potential for large events and the applicant has not provided further details on the types of programs offered at the day care center. While the Traffic Study does discuss the possibility of using parking spaces on Blauer Drive as well as parking spaces from adjacent buildings, the City does not count street parking towards the off- street parking requirement. Furthermore, staff discourages shared parking on other sites because it restricts the types of current and future uses that the adjacent property can accommodate, given the reduced parking available for their use. The City’s shared parking requirements are discussed below. Per City Code section 15-35.020(h) off-street parking spaces shall be located on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley. City Code section 15-35.020(d) indicates that the off-street parking requirements may be satisfied by a common parking facility provided that the total number of spaces shall be not less than the sum of the individual requirements (i.e., there is no overlap of parking). City Code also requires a formal contract for the shared parking agreement be recorded in the office of the County Recorder. Neighbor Correspondence The applicant notified adjacent businesses and residents. Public notice was sent to all property owners within 500 feet of the project. Staff has received two written comments and one verbal comment from adjacent residents as of the writing of this staff report. The neighbor at 20390 Blauer Drive (left side of property) provided written concerns regarding traffic, noise, and property values. This neighbor would like a sound wall separating their property from the subject property. This neighbor would also like to minimize the front exit and entrance. Staff spoke with this neighbor who reiterated their concerns regarding noise and traffic generated by parents dropping off and picking up their children. The neighbor at 20483 Tricia Way (behind property) provided written concerns regarding traffic drop off/pick up of children in the parking lot at the back of the property. Staff spoke with this neighbor who also voiced concerns regarding the playground in the front of the property and the potential traffic delays caused by queuing of vehicles along Blauer Drive which is a single lane road that provides access to a larger shopping center, other commercial uses, and a residential neighborhood. This neighbor has since sent an email to staff which is included in Attachment 3. 133 6 The neighbor at 20480 Blauer Drive (right side of property) contacted staff by phone with concerns regarding traffic circulation near the proposed day care facility. STAFF RECOMMENDATION Staff recommends that the Planning Commission deny the application as proposed because the applicant would not agree to a Peer Review of the Traffic Study and staff cannot therefore confirm the validity of the Traffic Study. Alternatively, the Planning Commission could continue the project to allow the applicant to pay fees necessary for peer review of the traffic study. Staff recommendations regarding the number of students allowed would be primarily based on results of the traffic study and peer review recommendations. ATTACHMENTS: 1. Resolution of Denial. 2. Newspaper Notice, Mailed Notice, Address Labels 3. Neighborhood Notification 4. Site Access, Circulation and Parking Study by Hexagon Transportation Consultants, Inc. 5. Reduced Plans, Exhibit "A”. 6. Fire Department comments, Exhibit "B”. 134 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. FOR DENIAL OF USE PERMIT Application # CUP 09-0004 Alex Du Von; 20398 Blauer Drive The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for a Use Permit for the Project shown in Exhibit "A" date stamped September 24, 2009, incorporated by this reference. The proposed use is a day care facility in the Professional Administrative (PA) zoning district. The use would be located in an existing 5,000 square foot building formerly occupied by office uses. As proposed, the facility would have five (5) employees and provide services for 56 students. The property has 14 available parking spaces. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The foregoing use will be described as the “Project” in this Resolution. II. Use Permit Requirement City Code Sections 15-55.010 and 15-18.030(f) require a Conditional Use Permit by the Planning Commission for any day care facility in the Professional Administrative (PA) zoning district. III. Planning Commission Review On October 14, 2009 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves, pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15270(a). V. Use Permit Findings The Applicant’s Project has not met the burden of proof to support the Findings required for approval of a Use Permit under Article 15-55 of the City Code, as set forth below: 135 2 Application No. CUP 09-0004; 20398 Blauer Drive The proposed conditional use will [not] adversely affect existing or anticipated uses in the immediate neighborhood, or will [not] adversely affect surrounding properties or the occupants thereof. Staff is unable to make this Finding. A Traffic Study, dated June 18, 2009 indicates that existing parking on site can accommodate 40 students; however the applicant has proposed services for 56 students. Moreover, a Peer Review has not been completed for the project to validate the adequacy and appropriateness of the assumptions used for the project analysis and recommendations. Given the site’s parking deficiency, parking and traffic by parents would potentially spillover into the adjacent neighborhood and properties. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. Staff is unable to make this Finding. Day Care Facilities are not allowed as of right in the Professional Administrative (PA) zoning district. The number of available parking spaces is not in proportion to the number of students proposed for the Day Care Facility and therefore the proposed use is too intensive for the proposed location. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Staff is unable to make this Finding. Finding #1 demonstrates why this finding cannot be made. The proposed conditional use will comply with each of the applicable provisions of the Saratoga Municipal Code. Staff is unable to make this Finding. Per the Traffic Study dated June 18 2009, the site does not currently have adequate parking available to serve the project. VI. Project Denial After careful consideration of the application, site plan, architectural drawings, Traffic Study, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. CUP 09-0010 for a Use Permit for a daycare center is denied. 136 3 Application No. CUP 09-0004; 20398 Blauer Drive DENIED by the City of Saratoga Planning Commission this 14th day of October 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Yan Zhao Chair, Planning Commission ATTEST: ___________________________________ John F. Livingstone, AICP Secretary to the Planning Commission ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Applicant Date __________________________________ ____________________________ Property Owner or Authorized Agent Date 137 fire SARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070 Telephone: 408-867-9001 Fax: 408-867-1330 www.saratogafire.org Plan Review Transmittal for Planning Department File #: CUP 09-0004 Plan Log #: 09-1242 Date: May 27, 2009 # of Lots: one Applicant: Saratoga Day Care Center/Von Location: 20398 Blauer Drive Project: tenant improvement of a approximately 5,000 sq ft commercial building for a day care center. This tenant improvement constitues a change of use of the building. 1. Property is not located in a designated Wildland/Urban Interface (WUI) area. 2. Page A0 describes the building construction type as V-III 1 hr which is not a valid construction type per 2007 CBC. Clarify the building construction type and if applicant claims the building is 1 hour rated construction provide evidence of said rating as this office has no record of this building being 1 hour rated construction. Presently the building has no automatic fire sprinkler or fire alarm systems installed. 3. Per 2007 California Fire Code (CFC) and 2007 California Building Code (CBC) the occupancy classification for this use is Educational Group E-Day Care, the use of a building or structure, or portion thereof, for educational, supervision or persoanl care services for more than six children older than 2 and a half years of age shall be classified as an E occupancy. 4. Per 2007 CFC 907.2.3: Group E, a manual and automatic fire alarm system shall be installed in Group E occupancies with an occupant load of 50 or more persons or containing more than one classroom or one or more rooms used for day care purpose. An Early Warning Fire Alarm System shall be installed and maintained. The alarm contractor shall submit three (3) copies of working drawings to the fire district for review and approval. The alarm system must be installed by a licensed contractor. The fire district must issue a permit prior 5. Provide exits signs per 2007 CBC Chapter 10 Means of Egress. to the installation of the system (City of Saratoga Code 16-60). 6. Provide portable fire extinguishers minimum 2A-10BC at minimum 75 feet of travel per CCR Title 19. 7. Page A3 indicates a kitchen area with range and hood. Applicant is to contact Santa Clara County Department of Health to determine if any permits are required from that department for the cooking operations in the kitchen area. If County Health determines that the kitchen hood system be equipped as a Class 1 hood for grease laden vapors then an approved fire protection system for the hood shall be required. If no permits are required by County Health, then no hood fire protection system shall be required. Applicant is to communicate in writing to Saratoga Fire of the determination by County Health. 8. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property (2007 CFC 505). APPROVED: HAL NETTER PLAN CHECKER: HAL NETTER 138 From: Jim Leney [mailto:jleney@gmail.com] On Behalf Of Jim Leney Sent: Sunday, November 08, 2009 9:55 AM To: City Clerk [Ann Sullivan] Subject: APN 393-02-005 City Council, I am writing to voice my strong opinion that the City Council should uphold the decision of the planning commission for APN 393-02-005, to reject the application of Julia Hashemieh to open a day care facility on Blauer Drive. This location is not zoned for daycare for good reason. It’s adjacent to a residential neighborhood and provides a professional office facility free of extreme noise. I work from home 1-2 days per week with my property about 100 feet away. I am father of two . I love children but the noise of 56 children would disturb my work or force me to close all my doors and windows at all times. The traffic early and late in the day would increase at the Blauer-Regan intersection and down Blauer Drive past my house. The proposed changes to the front of the building would be an eyesore with play equipment that, best case, remains in view all day. Also as a citizen of Saratoga, I agree with the planning committee that there are serious liability issues with this location. That area has a blind hedge right near the eastern driveway leading to the back of the center. It would be an accident waiting to happen with children and parents crossing the street there. There are other safety concerns and added traffic that were documented during the planning commission hearing. I have owned my home in Saratoga for 10 years. The zoning laws we have should protect the City of Saratoga, my family, my neighbors and our local property values from such negative impacts. Thanks for your consideration. Sincerely, Jim Leney 20353 Blauer Drive Saratoga, CA 95070 408-307-7917 (cell) jim@leney.org 139 140 141 142 143 144 145 146 147 148 149 150 NOTICE OF INCOMPLETE APPLICATION April 9, 2009 Via US Mail Alex Du Von P.O. Box 321172 Los Gatos, CA 95032 RE: Application No. CUP09-0004; Use Permit for Daycare Facility at 20398 Blauer Drive, Saratoga, California Dear Mr. Du Von: This letter is in regards to the application and plans submitted to the Planning Division on March 18, 2009. Staff has reviewed the plans and is requesting the below items for clarification. Prior to deeming your application complete, the information noted below must be provided. Please provide the following: Title Report Please submit to a current title report (dated within 90 days). Letter of Authorization Please provide evidence showing the applicant to being the owner of the property, or evidence that the applicant is duly authorized agent of the owner. Fire Department Fees Please provide evidence of fees paid to the Saratoga Fire Department. Neighborhood Outreach Provide written documentation that all of the adjacent property owners have reviewed the plans for the proposed project and include their comments. A template has been attached for your convenience (Attachment A). Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 151 Blauer Daycare Facility Project Address: 20398 Blauer Drive Application CUP09-0004; Use Permit for Daycare Facility Page 2 Conditional Use Permit Findings Please provide use permit findings per Section 15-55.070 of the City Code. I have attached the City Conditional Use Permit requirements (Attachment B). Parking Calculation Though the site plans show the parking availability, staff is unable to determine the required number of parking spaces for the proposed use. Please provide us with that information. Photos of Site Please provide photos of the proposed project site. Photos should be from the exterior of all sides of the building. Hours of Operation Please indicate on the plans the hours of operation for the proposed use. Number of Employees Please indicate on the plans the number of employees necessary to operate the proposed use. For additional information concerning the City of Saratoga’s code sections, please refer to our web site www.saratoga.ca.us. Click on the Municipal Codes link and use either the table of contents or the search engine to find specific sections. Please note that it is always difficult to identify all issues at this stage of your application and there may be additional information requested by the Planning Department or other agencies during the review process. I will forward comments from other departments when they are received. Please feel free to contact me at (408) 868- 1212 with any questions that you may have. Your assistance in processing these comments is appreciated. Sincerely, Eric W. Lentz Associate Planner City of Saratoga 152 May 19, 2009 Alex Du Von PO Box 321172 Los Gatos, CA 95032 RE: Notice of Required Traffic Study; 20398 Blauer Drive, Saratoga, California Conditional Use Permit (CUP 09-0004) Dear Alex Du Von: As we discussed on the phone, your application for a daycare facility at 20398 Blauer Drive has been reassigned to me. Given the potential traffic impacts associated with your proposal, a Traffic Study is required to determine the number of students that can be accommodated given existing parking and any potential traffic impacts resulting from the proposed daycare use. Please submit a traffic study report conducted by a licensed traffic engineer (of your choosing). The City of Saratoga’s consulting traffic engineer will then conduct a peer study of the report. The peer study will require a $2,500 deposit. You will be refunded any amount remaining in the peer study account following final planning approval and occupancy. The traffic study should include Parking Generation, Trip Generation, Intersection Analysis, On-Site Circulation Analysis, and Conclusions and Recommendations. Please also include a Project Description including hours of operation, number of employees, number of classrooms, number of students per classroom, maximum number of students allowed on site at any one time, the number of parking spaces dedicated for the tenant space, and the number of parking spaces shared with other uses in the shopping center. Sincerely, Cynthia McCormick Assistant Planner, City of Saratoga Planning Division CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 153 Please feel free to contact me at (408) 868-1230 with any questions that you may have. Sincerely, Cynthia McCormick June 23, 2009 To: Alex Du Von Re: Traffic Study Dear Applicant: Thank you for submitting the Traffic Study this morning. Staff has reviewed the Traffic Study and has the following comments on the Traffic Study completed by Hexagon Transportation Consultants. • Total Required Parking Spaces: The total required parking spaces must include those needed for both employees and student drop-off. The submitted traffic study does not account for employee parking. Please resubmit the traffic study to address this requirement. • Employee Parking: The traffic study must include the number of parking spaces required for the number of employees proposed. The City of Saratoga requires one (1) parking space for each employee, including teachers and administrators of a day care center. Per the project description, the project would require 10 spaces to accommodate the 10 proposed employees, leaving 4 spaces for student drop-off parking. Based on the parking use rate provided by Hexagon, staff estimates that the 4 available spaces would accommodate no more than an estimated 11 students. • Shared Parking: The parking requirements may be satisfied by a common parking facility; provided that the total number of spaces shall be not less than the sum of the individual requirements, and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. Should the applicant decide to pursue this option, the traffic study must include a table showing all individual tenants (by name) in the shopping center, their individual square footages, and their parking requirements per City Code Section 15-35. Please note that the City of Saratoga requires one (1) parking space for each two hundred square feet of floor area of office space. Assuming all tenants are office uses, an office complex of 4,000 SF would require 20 spaces. Based on the parking use rate provided by Hexagon, staff estimates that the 5 additional spaces would accommodate no more than an estimated 14 students. Should the applicant be able to acquire a lease of the 5 adjacent parking spaces and record an agreement for joint use of parking, staff estimates that that the 9 shared spaces would accommodate no more than estimated 26 students (this calculation allows one additional student based on rounding). • Street Parking: Street parking is not counted towards the required number of spaces. CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 154 1 Cynthia McCormick From:Cynthia McCormick Sent:Tuesday, June 23, 2009 2:58 PM To:'alexduvon@yahoo.com' Subject:RE: traffic study comments for day care center at 20398 Blauer Drive. Dear Alex DuVon, Thank you for submitting the traffic study this morning. Please see attached regarding comments on the submitted traffic study for the day care center at 20398 Blauer Drive. Once the traffic study has been updated with the attached requirements, I will forward the study to the City of Saratoga’s traffic consultant for peer review and recommendations. Please note that staff cannot schedule the public hearing until all requirements have been met and all recommendations have been finalized by the City’s traffic consultant. Sincerely, Cindy McCormick 408‐868‐1230 Cc: Hexagon Traffic Consultants 155 1 Cynthia McCormick From:Cynthia McCormick Sent:Wednesday, June 24, 2009 3:45 PM To:'Juliahashemieh' Cc:'duvonalex@yahoo.com' Subject:RE: traffic study comments for day care center at 20398 Blauer Drive. Attachments:traffic study comments.pdf; incomplete letter (June).pdf; Incomplete Letter (April).pdf Julia – The Planning Director reviewed your application and has indicated that he would be happy to meet with you once you do the following: 1) submit the items requested in April (see attached); and 2) submit notification forms for the other two neighbors and address all neighbor’s concerns (see attached); and 3) propose a solution that meets the City’s parking requirements for day care centers (as discussed in staff’s comments on the traffic study; also attached). Cindy 408‐868‐1230 156 June 24, 2009 To: Alex Du Von (applicant) CC: Julia Hashemieh Re: Conditional Use Permit Application status On April 9 2009, the City sent you a letter indicating that you would need to submit additional information prior to deeming your application complete (see attachment). Staff has not yet received the following items: Title Report, Neighborhood Outreach forms for two (2) of five (5) neighbors, Conditional Use Permit Findings, Photos of Site, and Hours of Operation. Please note that a “property profile” does not satisfy the requirement for a copy of the title report. Please submit notification forms for 13035 Regan Lane (behind the property) and 12948 Saratoga- Sunnyvale Road (across the street). To date, two neighbors have indicated concern with regard to potential traffic issues. One neighbor also indicated concern regarding potential noise impacts. The purpose of the City’s off-street parking regulations is to alleviate or prevent shortage of off-street parking and insulate surrounding land uses from impact. The purpose of the traffic study is to review potential traffic and parking issues. The traffic study may also help address neighbor concerns. According to the traffic study (submitted on June 23rd), the property does not have enough parking to accommodate the number of students proposed. This would potentially result in spillover traffic into the adjacent shopping center and neighborhood. After meeting with the Planning Director, staff recommends that you reduce the number of students and/or the number of employees, in accordance with the available parking (14 spaces). As indicated in previous correspondence, one parking space is needed for each employee, and 0.34 parking spaces is needed for each student. Please be advised that the Community Development Department does not encourage shared parking because it restricts the types of uses that the adjacent property owner can accommodate, given the reduced parking available for their use. The Planning Director would be happy to meet with you once you submit the items requested in April, address the neighbor’s concerns, and propose a solution that meets the City’s parking requirements for day care centers (as discussed in staff’s comments on the traffic study). Please feel free to contact me at (408) 868-1230 with any questions that you may have. Sincerely, Cynthia McCormick CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 157 1 Cynthia McCormick From:Cynthia McCormick Sent:Tuesday, September 01, 2009 4:29 PM To:'Juliahashemieh' Subject:RE: day care center at 20398 Blauer Drive. Attachments:traffic study.doc Julia – Before I can send the Hexagon report to our traffic consultant for peer review (and consideration of your proposal), we need to collect the deposit and flat fees for their review. This deposit was requested in May (see attached). The letter was originally addressed (and sent) to Alex Du Von who is still the primary applicant in our records. I did not realize that the fees were not paid yet, but I think we may have put the fee collection on hold while you were working with Hexagon. We will now need to collect the fees if you are moving forward without the survey from Hexagon. The $2,500 deposit and $500 flat fee will need to be collected regardless of the survey. Thanks for your time! Cindy 408‐868‐1230 158 September 17, 2009 To: Alex Du Von (applicant) CC: Julia Hashemieh RE: Public Hearing for Conditional Use Permit Dear Mr. Du Von and Ms. Hashemieh: The above referenced project has been scheduled for a Site Visit and Public Hearing. Staff recommends that you are present at both the site visit and public hearing to answer questions. Please see the attachment regarding what to expect during the site visit and Public Hearing. The Site Visit will occur at the subject property on Tuesday, October 13th between 3:30 and 5:00pm. The Public Hearing will commence the following day, Wednesday, October 14th starting at 7:00 pm in the City Hall Theater, located at 13777 Fruitvale Avenue. The time the item will be heard will depend on other projects on the agenda. IMPORTANT: 1) Please update the plans to indicate the total number of employees and students you propose. 2) Currently, the plans do not show any play equipment. I have assumed that you will not have play equipment in the front yard of the building. If you intend to put play equipment in the front yard (which staff does not recommend), please indicate so on the plans and provide details of the equipment (pictures and brochures with dimensions). 3) Please provide details (height, color, and materials) of the proposed fence, gate, and bridge. Please provide me with the following no later than 2:00 pm Friday September 25th:  1 - Full size complete plan set; 24” x 36” (stapled / folded)  2 – Copies of the Site Plan and Floor Plan; 24” x 36” for display (loose rolled sheets)  15 - Reduced size complete plans sets; 11” x 17” (3-hole punched, stapled, z-folded) The plans should include the items above concerning the number of employees and students, clarification regarding the playground equipment, and details for the fence, gate, and bridge. Please feel free to contact me at (408) 868-1230 with any questions that you may have. Sincerely, Cynthia McCormick CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 159 1 Cynthia McCormick From:Cynthia McCormick Sent:Thursday, September 17, 2009 3:10 PM To:'Juliahashemieh'; 'alexduvon@yahoo.com' Subject:next steps Attachments:Complete Letter.pdf; Planning Commission meeting info.pdf Dear Mr. Du Von and Ms. Hashemieh: As discussed in our meeting on Tuesday, the above referenced project has been scheduled for a Site Visit and Public Hearing. Staff recommends that you are present at both the site visit and public hearing to answer questions. Please see the attachment regarding what to expect during the site visit and Public Hearing. The Site Visit will occur at the subject property on Tuesday, October 13th between 3:30 and 5:00pm. The Public Hearing will commence the following day, Wednesday, October 14th starting at 7:00 pm in the City Hall Theater, located at 13777 Fruitvale Avenue. The time the item will be heard will depend on other projects on the agenda. IMPORTANT: 1) Please update the plans to indicate the total number of employees and students you propose. 2) Currently, the plans do not show any play equipment. I have assumed that you will not have play equipment in the front yard of the building. If you intend to put play equipment in the front yard (which staff does not recommend), please indicate so on the plans and provide details of the equipment (pictures and brochures with dimensions). 3) Please provide details (height, color, and materials) of the proposed fence, gate, and bridge. Please provide me with the following no later than 2:00 pm Friday September 25th:  1 - Full size complete plan set; 24” x 36” (stapled / folded)  2 – Copies of the Site Plan and Floor Plan; 24” x 36” for display (loose rolled sheets)  15 - Reduced size complete plans sets; 11” x 17” (3-hole punched, stapled, z-folded) The plans should include the items above concerning the number of employees and students, clarification regarding the playground equipment, and details for the fence, gate, and bridge. Please feel free to contact me at (408) 868-1230 with any questions that you may have. Sincerely, Cynthia McCormick 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 Memorandum Date: September 10, 2009 To: Cindy McCormick From: Massimo LoPorto Subject: Parking Generation Ratios for the Proposed Daycare at 20398 Blauer Drive in Saratoga, California Hexagon completed a traffic and parking analysis for the proposed daycare center at 20398 Blauer Drive in Saratoga, California. Please note that the parking ratio used in the analysis to estimate parking demand includes both parent and employee parking. 183 NOTICE OF PUBLIC HEARING The City of Saratoga’s City Council announces the following public hearing on: Wednesday, the 18th day of November, 2009, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: CUP09-0004/20398 Blauer Drive APPLICANT: Julia Hashemieh APN: 393-02-005 DESCRIPTION: The applicant has requested an Appeal of a Conditional Use Permit denial by the Planning Commission to allow operation of a new day care facility in an existing 5,000 square foot building formerly occupied by office uses. As proposed, the facility would have five (5) employees and provide services for 56 students. The property has 14 available parking spaces. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The property is located in the Professional Administrative (PA) zoning district and requires a use permit for the proposed use. In accordance with the Saratoga City Code, the City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. When an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council has authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City Council pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the City Council’s information packets, written communications should be filed on or before Monday, November 9th, 2009. A site visit will be held on the Tuesday proceeding the hearing date above as part of the standard Site Visit Committee agenda. The site visit will be held at the subject property is open to the public. Site visits begin at 9:00am and the timing of each site visit will depend on other items on the agenda. The Site Visit Committee will visit the site listed above and may visit other sites as well. For more information please contact the City Clerk at 408-868-1269 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Cynthia McCormick, (408) 868-1230 /s/ Ann Sullivan, CMC City Clerk 184 Parcel Number Owner Name Owner Address Owner City, State 39301019 LEVY STANLEY JR AND DENISE M 12915 REGAN LN SARATOGA, CA 39301021 MIRELEZ FRED JR AND ALICIA G 12951 REGAN LN SARATOGA, CA 39301022 WHITLOW JEANNE L TRUSTEE 12969 REGAN LN SARATOGA, CA 39301023 BOGDANOVICH ELI J TRUSTEE & ET 20391 BLAUER DR SARATOGA, CA 39301041 ARGONAUT ASSOCIATES,LLC 1285 OAKMEAD PY SUNNYVALE, CA 39301042 GRAM ARGONAUT LLC 1285 OAKMEAD PY SUNNYVALE, CA 39302003 SARATOGA COURTYARDS LLC 1855 PARK AV SAN JOSE, CA 9 39302004 COMPEAN LUPE TRUSTEE 936 HARRIET AV CAMPBELL, CA 39302005 WHITEHEAD ROBERT L AND LONNIE 20119 KILBRIDE DR SARATOGA, CA 39302006 HAWKS CHRISTOPHER R AND TRAXLE 20390 BLAUER DR SARATOGA, CA 39302007 TOWNS, MARGARET TRUSTEE &13035 REGAN LN SARATOGA, CA 39302008 CAVANAUGH THOMAS K ET AL 13045 REGAN LN SARATOGA, CA 39302009 KENNEDY JAMES A AND MARY R TRU 13055 REGAN LN SARATOGA, CA 39302010 LJEPAVA CLARA L TRUSTEE 13065 REGAN LN SARATOGA, CA 39302011 GLOEGE ISABEL S 13109 REGAN LN SARATOGA, CA 39302012 CHENG KATHY P O BOX 2189 SARATOGA, CA 39302013 LEVINSON GREGORY L AND MARINA 20421 TRICIA WY SARATOGA, CA 39302014 YOUNG HONESTY TRUSTEE 20438 TRICIA WY SARATOGA, CA 39302031 DOSHI DIVYA AND RAJ 20447 TRICIA WY SARATOGA, CA 39302032 GLUCKMAN GWEN B AND PHILIP B 20459 TRICIA WY SARATOGA, CA 39302033 BROWN GREGORY W AND JACQUELYN 20469 TRICIA WY SARATOGA, CA 39302034 CHU EDWARD Y M TRUSTEE 20325 PINNTAGE PARKWAY CUPERTINO, CA 39302035 SULLIVAN DOUGLAS R TRUSTEE 20483 TRICIA WY SARATOGA, CA 39302036 HARDY THOMAS AND CAROLE TRUSTE 20486 TRICIA WY SARATOGA, CA 39302037 ALLIONE ARTHUR G 20472 TRICIA WY SARATOGA, CA 39302038 YEN BRUCE AND WANG JUNG F 20460 TRICIA WY SARATOGA, CA 39302039 PATEL JITENDRA G AND SHASHI J 20446 TRICIA WY SARATOGA, CA 39305001 CHU POYIN AND TEE-JEAN TRUSTEE 20350 ARGONAUT DR SARATOGA, CA 39305030 CHEN CHIH-CHENG AND LO CHEW-ER 13092 REGAN LN SARATOGA, CA 39305031 TROUTMAN FRANK G JR AND FRANCE 13070 REGAN LN SARATOGA, CA 39305032 FELLOWS RICHARD A AND CAROLYN 20360 ARGONAUT DR SARATOGA, CA 39306001 WALIA LAKHINDER AND MAMTA K 20360 BLAUER DR SARATOGA, CA 39306002 CHANG GINA H TRUSTEE 20344 BLAUER DR SARATOGA, CA 39306003 GARCIA PHILIP AND VICTORIA S 20330 BLAUER DR SARATOGA, CA 39306004 FU YIA-YUAN K AND CHAO-HSIANG 20312 BLAUER DR SARATOGA, CA 39306026 BADEN ERIC A AND ROSE B 20325 ARGONAUT DR SARATOGA, CA 39306027 WILSON LERRY C AND JILL C 20335 ARGONAUT DR SARATOGA, CA 39306028 NAGESH, KITTUR & MEERA 20345 ARGONAUT SARATOGA, CA 39306029 STEWART JOHN B JR AND JANICE M 13040 REGAN LN SARATOGA, CA 39307007 BONACORSO ANTHONY R AND SINA S 20341 CRAIGEN CL SARATOGA, CA 39307008 LISCOM DAVID 20351 CRAIGEN CL SARATOGA, CA 39307009 CONWAY RALPH W AND TERESA R 12930 REGAN LN SARATOGA, CA 39307010 SAMBASIVAM CHIDAMBARAM AND NAC 20346 CRAIGEN CL SARATOGA, CA 39307011 AMATO KEVIN J AND ANA M 20338 CRAIGEN CL SARATOGA, CA 39307012 CHENG CHEE LIN ET AL 20330 CRAIGEN CL SARATOGA, CA 39307027 MILLER NANCY L 20317 BLAUER DR SARATOGA, CA 39307028 SONG PAUL J AND HSIA WEI-JEN PO BOX 70575 SUNNYVALE, CA 39307029 LENEY JAMES B AND MEGAN D TRUS 20353 BLAUER DR SARATOGA, CA 39307030 JACOBS JUTTA M TRUSTEE 12990 REGAN LN SARATOGA, CA 39307031 SALIN LEE AND DENISE 12974 REGAN LN SARATOGA, CA 39307032 MULLEN WILLIAM R AND LINDA E 12960 REGAN LN SARATOGA, CA 50381023 LIN KUEI-CHENG AND CHEN SHOW-C 12950 BRANDYWINE DR SARATOGA, CA 50381024 PROWSE SCOTT F AND MCBEATH KAT 12960 BRANDYWINE DR SARATOGA, CA 50381025 ELLIS SANDRA M AND RUSSELL A T 12970 BRANDYWINE DR SARATOGA, CA 50382008 YOUNG CHII-REN AND LAN-CHUN TR 13055 OAKWOOD CT SARATOGA, CA 50382012 PUTHUFF STEVEN H AND JUDITH E 13001 SARATOGA-SUNNYVALE RD SARATOGA, CA 50382021 LIU IAN-TAN TRUSTEE & ET AL 13048 APOLLO WY SARATOGA, CA 50382022 LASCOLA EMILY W AND JOSEPH A 13032 APOLLO WY SARATOGA, CA 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Website Policy RECOMMENDED ACTION: Accept report and adopt resolution establishing a policy for the City of Saratoga website. BACKGROUND: Many cities adopt website policies for the purpose of reducing exposure to liability that can arise from a number of laws and legal principles. These policies are considered a best practice for public agencies with websites as they ensure that users are familiar with the procedures used to develop websites and the acceptable uses of the website. Website policies typically include statements on the following: - Purpose - Acceptable uses - Privacy - Accessibility - External links - Compatibility requirements The attached website policy was created at the recommendation of the City Attorney following the launch of the City’s new website. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga for adopting a website policy. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City will not have a website policy and could have some increased risk of liability exposure. ALTERNATIVE ACTION(S): N/A 220 Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Resolution adopting a policy for the City of Saratoga Website Attachment B: Draft Website Policy 221 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A WEBSITE POLICY WHEREAS, the City of Saratoga launched its new website in September 2009; and WHEREAS, website policies protect municipalities from legal liabilities resulting from a number of laws and legal principles that affect cities with websites; and WHEREAS, website policies inform users of the procedures used to develop a public agency’s website and acceptable uses of the website; and WHEREAS, the City of Saratoga website policy includes statements on the website’s purpose, acceptable use, privacy, accessibility, external links, and compatibility requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby approve the attached City of Saratoga website policy. PASSED AND ADOPTED by the Saratoga City Council at a regular meeting held on the 18th day of November 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan, City Clerk 222 Draft City of Saratoga Website Policy The purpose of the City of Saratoga website is to provide information about City services, laws, policies, and initiatives. The City of Saratoga website is not intended to provide a forum for debate or public exchange of information, but rather is maintained for the exclusive use of the City of Saratoga to communicate with the public on matters of general interest via the Internet. While the City does its best to keep its website accurate and timely, the City neither warrants nor makes representations or endorsements as to the accuracy, quality, content, or completeness of the information, text, graphics, hyperlinks, and other items contained on its website. Content on the website is compiled from a variety of sources and is subject to change without notice from the City as a result of updates and corrections. The City of Saratoga website and all materials contained on this site are distributed and transmitted “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of fitness for a particular purpose. The City is neither responsible nor liable for any viruses or contaminations of a web visitor's hardware, software, peripherals, or properties nor for any delays, inaccuracies, errors, or omissions resulting from use of or with respect to the material contained on its website, including without limitation but not limited to, any material posted on or linked to from the City of Saratoga website. The City is not responsible for any special, indirect, incidental, or consequential damages that may arise from the use of, or the inability to use, the site and/or the materials contained on the site whether the materials contained on the site are provided by the City of Saratoga, or a third party. Privacy The City of Saratoga website has been built to provide easy access to information and services to the public. To help ensure the website continues to serve as a resource to the public, the City of Saratoga collects information about website traffic and allows users to share information with the City. The City of Saratoga is concerned with the privacy of website visitors who are using the City of Saratoga website. The following outlines treatment of information provided to the City through the website. Personal Information Submitted by Users "Personal information" is information about a natural person that is readily identifiable to that specific individual. Personal information includes such things as an individual's name, address, and phone number. A domain name or Internet Protocol address is not considered personal information. On certain occasions, the City of Saratoga may request personal information for the purpose of correspondence or for City business. Personal information may include an individual’s name, address, phone number, or email address. Personal information provided to the City is done so on a voluntary basis (i.e. sending an email, filling out a form, or participating in a survey). Individuals can choose not to participate in these activities, doing so will in no way affect an individual’s ability to use any other feature of the City of Saratoga website. Public Records All information collected by the City of Saratoga website becomes public records that may be subject to inspection and copying by the public unless an exemption in law exists. This includes communications 223 made via email (including “mailto:” links), online forms, or surveys. If personal information is volunteered by the user, State law and the federal Privacy Act of 1974 may protect it. However, this information is a public record once it is provided, and may be subject to public inspection and copying if not protected by Federal or State law. Users are cautioned that the collection of personal information requested from or volunteered by children on-line or by email will be treated the same as information given by an adult, and may be subject to public access. In the State of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by municipalities. At the same time, there are exceptions to the public's right to access public records that serve various needs including the privacy of individuals. Exceptions are provided by both State and Federal laws. Information Automatically Collected For the purpose of site management, information about visits to the City of Saratoga website is collected. This information is not reported or used in any manner that would reveal personally identifiable information, and will not be released to any outside parties unless the City is required to do so in connection with law enforcement investigations or other legal proceedings. The City uses log analysis tools to create summary statistics, which are used for purposes such as assessing the information that is of interest to the public, determining technical design specifications, and identifying system performance or problem areas. Website logs do not collect personally identifiable information and the City makes no attempt to link them with the individuals who browse the website. When users visit the City of Saratoga website and browse or download information, the City automatically collects and stores the following information: · The Internet Protocol Address and domain name used · Browser type used to view the site · Operating system · The date and time of the visit · The pages or services accessed during a visit · The search engine and terms used to access the City of Saratoga website · The sites visited prior to accessing the City of Saratoga website If visitors to the City of Saratoga website participate in a survey, fill out an online form, sign up for email subscriptions, or send an email, the following additional information may be collected: · Email address · Contents of an email · Information volunteered to complete a form or in response to a survey Personally identifiable information that is submitted to the City via emails, forms, or surveys will be used for the stated purposes, to respond to requests, or analyze trends. The City may redirect messages from website visitors to another department, division, or program within the City that is in a better position to answer visitor questions or respond to requests. 224 Cookies The City of Saratoga website uses "cookies" to improve user experience. A cookie contains unique information a website can use to track such things as the Internet Protocol address for the computer used to access the City site, the identification of the browser software and operating system used, the date and time a visitor accessed the site, and the Internet address of the website from which visitors linked to this site. Cookies created on a visitor’s computer by using the City of Saratoga site do not contain personally identifying information and do not compromise the visitor’s privacy or security. Visitors can refuse the cookie or delete the cookie file using any of the widely available methods. If visitors choose not to accept a cookie, it will not prevent or prohibit visitors from gaining access to or using this site. Security Unauthorized attempts to deny service, upload information, change information, or to attempt to access a non-public site from this service are strictly prohibited and may be punishable under Title 18 of the U.S. Code to include the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Acceptable Use Using the City of Saratoga website indicates your agreement with this policy. Users should refrain from using the City of Saratoga if they disagree with this policy. Individuals, organizations and businesses are free to use the City of Saratoga website for any lawful, worthy and ethical purpose, except as limited by this policy. To the extent permitted by the Public Records Act and otherwise legally permissible, commercial use of the City of Saratoga website materials, content, and information is explicitly prohibited without the written permission of the City. The website must not be used to solicit customers or sell products or services. The City of Saratoga retains copyright on all text, graphic images, and other content, unless otherwise noted. No person or entity may do any of the following without written permission from the City of Saratoga: - Modify and/or re-use text, images, or other web content from the City website - Distribute the City’s website content - Mirror the City’s information on a non-City server Users with "robots," "spiders," or other automated programs may visit the City of Saratoga website, but are prohibited from resending or redirecting information without the prior written permission of the City of Saratoga. Website users are asked to use appropriate names and language when filling out online forms or surveys. Users are forbidden from using false e-mail addresses. Accessibility The City of Saratoga website is designed to offer the public easy and efficient access to municipal resources. The City of Saratoga “Low Graphics Version” of the website adheres to 508 requirements as set forth by the W3C Accessibility Initiative. This version of the website is optimized for screen readers and other text-based web interfaces. 225 External Links The City of Saratoga website links to a number of other websites. These include links to websites operated by other government agencies, other cities, nonprofit organizations, and community organizations. Links from the City of Saratoga website to any other site on the Internet do not constitute an endorsement. The City of Saratoga is not responsible for the content, quality, or accuracy of any materials referenced or linked through the City of Saratoga’s website. By using the City of Saratoga website, users acknowledge and accept that the City of Saratoga is not responsible for any materials stored on other Internet sites, nor is it liable for any inaccurate, defamatory, offensive, or illegal materials found on other Internet sites, and the risk of injury from viewing, hearing, downloading, or storing such materials rests entirely with the user. The City of Saratoga does not exercise any editorial control over the information on external sites. When visitors select a link to another site, they are no longer on the City of Saratoga website. The City of Saratoga website policy is not applicable. When selecting a link to another website, visitors are subject to the policy of that new site. Video Streaming The City of Saratoga provides video streaming on its website in the form of both live and archived video streams. All videos available at http://www.saratoga.ca.us/cityhall/video_archive/default.asp. System Requirements for PC Users - Windows 98 or later operating system - At least a 233-MHz processor Pentium II - A minimum of 64 MB of RAM - In order to view the video streams you must have Windows Media Player version 9 or higher, or Silverlight Player installed. To download Silverlight visit http://www.microsoft.com/silverlight/get-started/install/default.aspx. - The Windows Media Player Plug-in for Firefox users can be downloaded at http://port25.technet.com/pages/windows-media-player-firefox-plugin-download.aspx. - Please note that beta versions of Internet Explorer or Windows Media Player are not supported. Minimum System Requirements for Macintosh Users - A G3 or newer with Mac OS X installed - Silverlight Player, which can be downloaded at http://www.microsoft.com/silverlight/get- started/install/default.aspx. - Microsoft Silverlight allows Mac OS users on the latest versions of Firefox and Safari to have the same experience as all Windows Media Player users currently enjoy. There is no difference between a user on Internet Explorer on a PC and a Mac OS 10+ user on a Firefox browser. - Please note that beta versions of players and browsers are not supported. 226 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan DIRECTOR: Dave Anderson City Clerk City Manager SUBJECT: Commission Qualifications and Expiring Terms RECOMMENDED ACTION: Accept the staff report and list of Commission qualifications and Commissioner terms that will be expiring in the next calendar year and provide staff with additional direction if needed. BACKGROUND: Per Municipal Code 2-12.010(f), “on or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library.” A Commissioner must be a Saratoga resident and a registered voter in the City of Saratoga, with the exception that one member of the Library Commission must be a resident of Monte Sereno and Youth Commissioners are not required to be registered voters. Additionally, each Commission applicant must attend at least one meeting of the Commission he or she is applying to before being interviewed by the City Council. Commissioners may not hold an elected public office and cannot be employed by the City of Saratoga. Below is a list detailing special qualifications for each of the City’s Commissions and terms that will be expiring in the next calendar year. Heritage Preservation Commission Special Qualifications (Municipal Code 13-10.010) - One member to be nominated by the Saratoga Historical Foundation. - Two members must be trained and experienced in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor, or urban planner. 227 Page 2 of 4 Vacancies April 2010: Ø Position A – 3 years and 9 months Ø Position B – 3 years and 9 months Ø Position C – 4 years and 9 months Terms Ending next Calendar Year Norm Koepernik - Appointed April 2006 - Term ends April 2010 - Eligible for reappointment Rita McCarty - Appointed April 2006 - Term ends April 2010 - Eligible for reappointment Peter Marra - Appointed April 2006 - Term ends April 2010 - Eligible for reappointment Steve Kellond - Appointed April 2006 - Term ends April 2010 - Eligible for reappointment Library Commission Special Qualifications - One member is nominated by the City of Monte Sereno. No vacancy occurring in 2010 Parks and Recreation Commission Special Qualifications - No special qualifications No vacancy occurring in 2010 Planning Commission Special Qualifications - No special qualifications, however, members must be able to attend regular meetings that are held on the 2nd and 4th Wednesday of the month at 7:00 p.m. in the Civic Theater. Vacancies on April 2010 and term length: Ø Position D – 4 years Ø Position E – 4 years Terms Ending next Calendar Year Joyce Hlava - Appointed April 2006 - Term ends April 2010 228 Page 3 of 4 - Eligible for reappointment Yan Zhao - Appointed April 2006 - Term ends April 2010 - Eligible for reappointment Traffic Safety Commission Special Qualifications - No special qualifications Vacancies April 2010: Ø Position A – 3 years and 9 months Ø Position B – 3 years and 9 months Terms Ending next Calendar Year Corinne Vita - Appointed May 2008 to fill unexpired term of Brigitte Ballingall - Term ends April 2010 - Eligible for reappointment Kenneth Biester - Appointed April 2006 - Term ends April 2010 - Not eligible for reappointment Youth Commission Special Qualifications - Members must be a resident of Saratoga in grade 7-12 while serving on the Youth Commission. Terms Ending next Calendar Year Elena Rees - Appointed June 2008 - Term ends July 2010 - Not eligible for reappointment Kia Fariba - Appointed June 2008 - Term ends July 2010 - Eligible for reappointment Sammy Rao - Appointed June 2008 - Term ends July 2010 - Not eligible for reappointment Natalie Tkalovic - Appointed June 2008 - Term ends July 2010 - Not eligible for reappointment Kaitlin Finch - Appointed in June 2008 - Term ends July 2010 229 Page 4 of 4 - Eligible for reappointment Aditya Dev - Appointed June 2008 - Term ends July 2010 - Eligible for reappointment Tara Fatemi - Appointed June 2008 - Term ends July 2010 - Not eligible for reappointment FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of agenda. ATTACHMENTS: Nothing additional. 230 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the establishment of medical marijuana dispensaries in order to provide the City of Saratoga with time to determine whether to adopt an ordinance regulating the location or operation of medical marijuana dispensaries. BACKGROUND: The City of Saratoga has received several inquiries from prospective medical marijuana dispensary operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list medical marijuana dispensaries as a permitted use or conditionally permitted use in any zoning district. In California, some cities that have permitted the establishment of medical marijuana dispensaries have reported adverse impacts on public health, safety, and welfare, including an increase in crimes such as loitering, illegal drug activity, burglaries, robberies and other criminal activity within and around dispensaries, as well as increased pedestrian and vehicular traffic, noise and parking violations. Some local jurisdictions also report that medical marijuana dispensaries increase demands for police response, as well as maintenance of public streets and sidewalks. Therefore, staff is proposing the adoption of an interim urgency ordinance imposing a moratorium on the approval, commencement, establishment of medical marijuana dispensaries until such time staff is able to study the issue and present recommendations to the City Council. DISCUSSION: In November 1996, California voters enacted “The Compassionate Use Act of 1996,” also known as Proposition 215, codified at Health and Safety Code Section 11362.5 et seq. Proposition 215 allows a person to cultivate and possess marijuana for medical purposes with a doctor’s recommendation without violating certain state criminal laws regarding possession or cultivation of marijuana. 231 Page 2 of 4 In October 2003, the State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, which, among other things, exempts from certain state criminal sanctions individuals engaged in collective and cooperative cultivation of medical marijuana. The Medical Marijuana Program Act went into effect on January 1, 2004. In 2008, the California Attorney General issued guidelines regarding lawful operation of cooperatives and collectives, including organizing under appropriate business forms, generating no profits and complying with state tax law and local business license requirements. The Attorney General advised that only dispensaries that comply with the recommendations in its guidelines would be protected from criminal liability under existing state law. The manufacture, distribution, or possession of marijuana is a federal criminal offense pursuant to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. The Controlled Substances Act may be enforced by federal authorities against persons possessing or using marijuana, regardless of the protections offered by the Compassionate Use Act and Medical Marijuana Program Act. However, earlier this year, the United States Attorney General announced his intention to ease enforcement of the Controlled Substances Act against medical marijuana dispensaries, and the United States Department of Justice recently issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana. The Compassionate Use Act, the Medical Marijuana Program Act and the recent pronouncements from federal prosecutors, have fostered interest in the establishment of medical marijuana dispensaries, including within the City of Saratoga and surrounding cities. Medical marijuana dispensaries have been established throughout California and the Bay Area, including in San Francisco, Oakland, and Santa Cruz. As a result of the presence of medical marijuana dispensaries, some local agencies have reported increases in illegal drug activity, illegal drug sales, robberies of persons leaving the dispensaries, loitering around dispensaries, falsely obtained identification cards, and other criminal activity. Some local agencies also report increased demands for police response, as well as maintenance of public streets and sidewalks, in areas surrounding medical marijuana dispensaries. The City of Saratoga currently does not have regulations regarding licensing for persons seeking to establish a medical marijuana dispensary. Further, the City of Saratoga Municipal Code does not specifically address the regulation or location of medical marijuana dispensaries, and a medical marijuana dispensary is not a type of use which is specifically defined in the City of Saratoga’s zoning code regulations. Based upon the experiences of other local jurisdictions and the rapidly evolving law governing medical marijuana, staff recommends that the City adopt a moratorium on medical marijuana dispensaries until staff has the opportunity to further study the issue and advise the City Council regarding options for legally appropriate and effective regulation. The scope of the study resulting from the moratorium may include, but not limited to, the following: 1. Review processes used by other cities and counties when considering applications from persons seeking to open and operate a medical marijuana dispensary; 2. Determine whether to establish licensing and criminal background check processes for proposed operators and employees of a medical marijuana dispensary; 232 Page 3 of 4 3. Decide if licensing needs to be regularly renewed; 4. Determine in which zoning districts, if any, medical marijuana dispensaries might be allowed to operate; 5. Decide whether to prohibit medical marijuana dispensaries from locating near schools or other sensitive uses; 6. Decide whether medical marijuana dispensaries should be located a minimum distance from other medical marijuana dispensaries; 7. Potential regulations regarding the operation, hours, security features, and other conditions for the operation of medical marijuana dispensaries; and 9. Other related issues. The adoption of a moratorium will give staff sufficient time to study this issue and prevent medical marijuana dispensaries from locating in the City of Saratoga until proper procedures and regulations are established. Government Code Section 65858 allows a jurisdiction to adopt a zoning ordinance that prohibits any uses that conflict with a contemplated zoning proposal that the City Council, Planning Commission, or Planning Division is considering or studying or intends to study within a reasonable time to protect the public safety, health, and welfare. The urgency ordinance requires a four-fifths vote of the City Council for adoption and shall be effective for no more than 45 days. The City Council may further extend the urgency ordinance for 10 months and 15 days after a noticed public hearing, and may subsequently extend the urgency ordinance for one additional year. Ten days prior to the expiration of the ordinance, the City must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Staff estimates that it will take 12 to 18 months to study issues related to medical marijuana dispensaries; therefore, it is likely that staff will return to the City Council with a request for a extension of the ordinance. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. Failure to adopt a moratorium could require the 233 Page 4 of 4 commitment of additional staff and police resources to deal with any criminal issues associated with medical marijuana dispensaries. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Proposed Urgency Ordinance 234 1 AN INTERIM URGENCY ORDINANCE CREATING A TEMPORY MORATORIUM RESTRICTING MEDICAL MARIJUANA DISPENSARIES FROM BEING LOCATED IN THE CITY OF SARATOGA, TO TAKE EFFECT IMMEDIATELY BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES AS FOLLOWS: WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, et seq., and entitled “The Compassionate Use Act of 1996” (“the Act”); and WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use and cultivate marijuana for medical use under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (“MMPA”), became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with the MMPA and the Act; and WHEREAS, as a result of the Act and the MMPA, individuals have established medical marijuana dispensaries in various cities in California, and WHEREAS, on June 6, 2005, the United States Supreme Court found in Gonzales v. Raich, 125 S. Ct. 2195 (2005) there to be no legally recognizable medical necessity exception under the Federal Controlled Substances Act to the prohibition of possession, use, manufacture, or distribution of marijuana under federal law, and WHEREAS, in February 2009 the U.S. Attorney General stated that federal law enforcement official would ease enforcement at medical marijuana dispensaries, and in October 2009, the U.S. Department of Justice issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana, and WHEREAS, while the experiences in the regulation and policing of medical marijuana dispensaries have varied from city to city, several California cities have reported an increase in crime, such as burglary, robbery, odor, loitering around the dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the areas immediately surrounding such medical marijuana dispensaries, and WHEREAS, The City of Saratoga has not adopted rules and regulations specifically applicable to the establishment and operation of medical marijuana dispensaries and the 235 2 lack of such controls may lead to an establishment of dispensaries and the inability for the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients or clients of such establishments, and WHEREAS, based on the lack of any consistent experience of cities statewide and in the absence of any regulatory program in the City regarding the review of the establishment and operation of medical dispensaries, the City should consider whether negative effects on the public health, safety, and welfare may occur in the City of Saratoga as a result of the operation of medical marijuana dispensaries and the lack of appropriate regulations governing the establishment and operation of such facilities, and WHEREAS, City staff requires time to evaluate the relevant issues and develop guidance for legally appropriate regulation, and WHEREAS, the establishment of, or the issuance or approval of any permit, certificate of occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City of Saratoga will result in a current and immediate threat to public health, safety and welfare in that the Saratoga Municipal Code does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City, and WHEREAS, there is no feasible alternative to satisfactorily study the potential impact identified above as well or better than the adoption of this interim urgency moratorium ordinance. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Saratoga as follows: SECTION 1. For purposes of this ordinance, “medical marijuana dispensary” means any for profit or not-for-profit facility or location, whether permanent or temporary, where the owner(s) or operator(s) intends to or does possess and distribute marijuana for any purpose. SECTION 2. For the period of this ordinance, or any extension thereof, a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located within an otherwise permitted use. No permits or authorizations for a medical marijuana dispensary shall issue while this ordinance is in effect. SECTION 3. The City Manager or his designees shall: (1) review and consider options for the regulation of medical marijuana dispensaries in the City, including, but not limited to, the development of appropriate rules and regulations governing the location and operation of such establishments in the City; (2) meet with medical patients, advocates, law enforcement representatives, and other interested parties; 236 3 and (3) provide to the City Council a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. SECTION 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Municipal Code review. SECTION 5. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code. SECTION 6. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 7. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word in this Ordinance or any part hereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of the Ordinance or any part hereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared unconstitutional. SECTION 8. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page.] 237 4 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of November, 2009, and was adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ CHUCK PAGE MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 238 1 SARATOGA CITY COUNCIL MEETING DATE: November 18, 2009 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Claudia Cauthorn, Interim Recreation & Facilities Director DIRECTOR: Claudia Cauthorn SUBJECT: Review of Facility Rental Fees and Criteria for Non-Profit Organizations RECOMMENDED ACTION: Review and comment on the existing Facility Rental policies and rental fees for non-profit group use. REPORT SUMMARY: Recently a few non-profit groups have raised questions regarding the eligibility criteria for not-for-profit organizations wishing to rent City facilities. This report summarizes current City policy on this subject and provides Council with comparisons of policies from neighboring cities. Alternatives to the current policies are outlined and discussed. DISCUSSION: The Facility Use Policy that governs the use of all City owned buildings was last revised prior to 2005. The current policy provides for facility reservations to be made on a first- come, first-served basis and reservations may not be made more than one year in advance of the use date. A non-refundable processing fee is paid at the time the reservation is made. This fee covers administrative time to book the reservation, schedule facility attendants and make any other follow up arrangements that may be needed. A Security Deposit is also collected at the time of reservation. This deposit covers additional charges should the user stay beyond the reserved time, damages to the buildings or contents, overtime for facility attendant staff or maintenance charges should additional cleanup be required. This deposit is fully refunded if none of these circumstances occur. If the deposit does not cover the charges, the user is responsible for any additional charges. Non-profit organizations are awarded a 50% discount on rental fees provided they meet the following criteria: · They must provide evidence of their non-profit status. A copy of their letter from the California Secretary of State’s office with their non-profit ID number indicated is required. · Their membership must be at least 51% Saratoga residents OR at least 51% of the persons in attendance at their event must be Saratoga residents. · The event must be open to the public, advertised as such and is for the public benefit 239 2 · Non-profit groups requesting the use of City facilities for the purpose of fundraising or when an admission fee is charged will pay the regular rental fee. As an example of how this would work, if a non-profit group wanted to use the Fellowship Hall every Friday night for 2 to 3 hours and they met all the requirements to qualify for the non-profit rate, this group would pay approximately $6,000 for the year. If this group did not meet all of the above criteria (say their % of Saratoga residents is only 21% instead of the required 51%), this group would pay approximately $12,000 for the same use. A survey of the policies from other local cities for use of their facilities by non-profit groups is attached. As can be seen in this survey, virtually all cities have the requirement that the non-profit group wishing to use their facilities at the non-profit rate must meet a minimum of 51% city residents in order to qualify. Most of the cities surveyed have the additional requirement that if a non-profit group wishes to conduct a fund-raising activity or charge admission (or other fees), that group does not qualify for the non-profit rate for that particular activity. The group would then pay the same rate as an individual or other organization. Some cities limit the number of fundraising events a non-profit can host to one per year and some have a requirement that fund-raising activities are not allowed by non-resident non-profit groups. RECOMMENDATION: The City of Saratoga’s existing non-profit use policy is consistent with the policies that other cities have for use of their facilities. No changes are recommended at this time. FISCAL IMPACTS: Retaining the existing policy will enable the City to reach the revenue goals recently set for the Recreation & Facilities Department. Easing the requirements for non-profit group usage of City facilities would seriously impact the City’s ability to meet those revenue goals as approximately 19% of all uses of City facilities are by non-profit groups. ALTERNATIVE ACTIONS: · Alternate A: Should the Council wish to ease the requirements for non-profit uses at City facilities, a replacement revenue source will be needed to meet the 65% cost recovery revenue goal. This could be in the form of Council grants to the organizations. · Alternate B: Ease the requirements for non-profit group usage and reduce the % cost recovery for the Recreation & Facilities Department commensurately. FOLLOW UP ACTION: Give direction to staff for policy and fee changes. Publish any changes to the policy and fees on the City website and make it available to the public. ADVERTISING, NOTICING AND PUBLIC CONTACT: City Council meeting noticed on November 12, 2009. ATTACHMENTS: 1. Existing Council Policy for Use of City Facilities 2. Survey of Neighboring Cities Facility Use Policies re: Non-Profit Use 3. Summary of Non-Profit Uses for FY 08/09 240 RESERVATIONS • • • • PROCESSING FEE & SECURITY DEPOSIT • • • • • Facility Use Policy 241 CANCELLATION POLICY • • NON-PROFIT GROUPS • • • • SET UP & CLEAN UP • • • • USE OF ALCOHOL • • • 242 ROOM CAPACITIES GENERAL REGULATIONS • • • • • • • • 243 Saratoga Facility Rental Fees Processing Fee The non-refundable Processing Fee of $25.00 is to be paid at the time the Reservation form is completed. Security Deposit The refundable Security Deposit of $300.00 is to be paid at the time the Reservation form is completed. Rental Fees The Rental Fees are to be paid 30 days in advance of event. COMMUNITY CENTER Multipurpose Rm w/kitchen $120/Hr Senior Center Rm w/kitchen $110/Hr Patio Rm $55/Hr Dance Studio $50/Hr Arts & Craft Rm $50/Hr Garden Patio $225/Day* *Available only when renting a room w/kitchen. WARNER HUTTON HOUSE House & Garden $115/Hr AVAILABLE DISCOUNTS Saratoga Residents 10% of Rental Fee Non-Profit Organizations 50% of Rental Fee 244