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HomeMy WebLinkAbout01-21-1998 City Council Agenda (2)Public hearings will start promptly at :00, when the Council will move from whatever item it is considering at that time to public hearings. Note: Devices to assist the hearing impaired are now available in the lobby. AGENDA SARATOGA CITY COUNCIL TIME: Wednesday, January 21, 1998 5:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Administration Conference Room 5:00 p.m. Closed Session CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Possible exposure to litigation pursuant to Government Code Section 54956.9(b) in one case. 5:30 p.m. Interviews with Finance Commission Applicants Gorelik and Swan 6:00 p.m. Closed Session CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Possible initiation of litigation pursuant to Government Code Section 54956.9(c) in two cases. Civic Theater Lobby 6:45 p.m. Photo Session Civic Theater Mayor's Report on Closed Session. 7:30 Pledge of Allegiance 6 ROLL CALL r 1. rf "l 2. CEREMONIAL ITEMS A. Resolution appointing Fran); Friedrich to Parks and Recreation Commission r/77 0 B. Administration of Oath of Office to Mr. Friedrich C. Proclamation commending Bill Cooper as 1997 Saratoga Outstanding Bu inpss Person of the Year 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Council Agenda _2 January 21, 1998 Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 16. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC 1/: F' A. ORAL COMMUNICATIONS B. COMMUNICATIONS FROM COMMISSIONS None. 6 F C. WRITTEN COMMUNICATIONS 1)- Letter from Rina Faletti, County Social Services Agency, requesting appointment of Child Care Coordinator -Recommended Action: Direct staff to recruit individual from community willing to represent Saratoga; if none is forthcoming, authorize Bob Best (Los Gatos Saratoga Recreation District) to represent Saratoga. S. CONSENT CALENDAR These items will be acted upon in one motion for each section unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. However, items in Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which the hearing was closed. Those items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. A. Previously Discussed Items None. B. New Items 1) Planning Commission Actions,.1 /14 Note and file. 2) Finance Commission Minutes, 12/16 Note and file. 3) Youth Commission Minutes, 12/1 Note and file. City Council Agenda 3 January 21, 1998 4) Memo Authorizing Publicity for Upcoming Hearings No hearing scheduled for February 4. 5) Approval of Check Register 6) Resolution approving Saratoga Avenue Walkway Project, Phase II, and Authorization to file application for TDA Article 3 Funds 7) Quarterly Report to Regional Water/Q a'lity Control I Board on City NPDES Activity _57 n C. CLAIMS AGAINST THE CITY None. (C 6. PUBLIC HEARINGS 8:00 pm. i j 4. A. Vessing Road Assessment District Protest Hearing Recommended Action: Conduct hearing; tally votes; if assessment district passes, adopt resolution. U A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 7. OLD BUSINESS '3 e A. Amended Proposal for Replacement of Work Stations E Recommended Action: Approve amended proposal by Space Designs, Inc. in the amount of $8,981.00. B. Anti- Loitering ordinance Recommended Action: Introduce by title only, waiving J City Council Agenda _4 January 21, 1998 further reading. 8. NEW BUSINESS q c�) A. Acceptance of Comprehensive Annual Financial Reports Recommend Action: Accept reports. �f✓ B. Saratoga Public Financing Authority inancial Statements Recommended Action: 1) Adjourn as City Council and reconvene as Saratoga Public Financing Authority; 2) Call roll; 3) Accept financial statements; 4) Adjourn a Saratoga Public Financing Authority and reconvene as City Council; 5) Call roll. 9. ROUTINE MATTERS (Note: City Attorney will be excused at this point if no longer needed.). A. Approval of Minutes 1/7; 1/13; 1/15 �j, U 0 %O I ivy 10 C/ U ITY COUNCIL ITEMS S =C7 1 A. Agenda items for adjourned regular meeting 1/27 Quarterly Program and Major Project Review Citizens Recognition Mid -Year Budget Amendments Reorganization Issues Litigation Update Closed Session B. Other CLti 0 r.. (L' 11. ADJOURNMENT to next meeting at 7:00 p.m. on Tuesday, January 27, at Adult Care Center, 19655 Allendale Avenue. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Peter Gonda at 408/868 -1221. Notification 48 hours prior'to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102- 35.104 ADA Title II) .2 A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING A MEMBER OF THE PARKS AND RECREATION COMMISSION WHEREAS, the Rick Blomquist has resigned from the Parks and Recreation Commission, and WHEREAS, it is now appropriate to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED, THAT THE following appointment is made for a term ending October 1999: FRANK FRIEDRICH The above and _foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 21st day of January, 1998, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: Deputy City Clerk COMMENDING BILL COOPER WHEREAS, Bill Cooper has been named 1997 Saratoga Outstanding Business Person of the Year by the Saratoga Chamber of Commerce, and has been accorded this honor for good and sufficient reasons which reflect his commitment to local affairs, and WHEREAS, Bill's civic activities include serving the Chamber of Commerce in numerous capacities; he has been on the Board of Directors since 1996 and was First Vice President in 1997; was involved with Celebrate Saratoga and the Welcome Village Committee; served on the Publicity Committee; and WHEREAS, Bill, the owner of Bella Saratoga Restaurant, has also served the local business community by promoting Saratoga on the Bay Area Back Roads television show; serving as Chairman of the Publicity Committee for the Farmers Market; working in many ways to keep the Village restaurants together and involved; serving as an advisory committee member for Presentation Conference Center; being active on T.E.A.M. Saratoga; and WHEREAS, Bill has been involved with the community at large by working on the Eagle Theater Promotion; assisting with fundraisers for education, church, and senior citizens; and working with Second Harvest Food Donations. WHEREAS, in short, Bill is a very highly respected member of the Saratoga community who has given most generously of his time and energy for the good of the whole, and NOW, THEREFORE, I, MAYOR OF the CITY OF SARATOGA, do hereby proclaim that Bill Cooper is hereby congratulated upon being named Saratoga Outstanding Business Person of the Year, and he is also commended and thanked most heartily for his public spirit. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of January, 1998. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: JANUARY 21, 1998 ORIGINATING DEPT.: CITY MANAGER AGENDA ITEM CITY MANAGER: DEPT. HEAD: SUBJECT: Request from Santa Clara County Social Services Agency to appoint a Child Care Coordinator RECOMMENDED MOTION(S): Move to direct staff to recruit for a Child Care Coordinator. REPORT SUMMARY: The County is requesting that the City appoint a Child Care Coordinator to represent Saratoga at meetings of the Joint Child Care Committee and the Children and Youth Collaborative Task Force. Since I do not believe that there are sufficient staff resources to devote to this purpose, I recommend recruiting for a representative from within the community. Another option would be for a member of the City Council to serve in this capacity. Ultimately, if staff is unable to find someone willing to serve as the City's Child Care Coordinator, Bob Best, Director of the Los Gatos Saratoga Recreation District has expressed a willingness to represent Saratoga at upcoming meetings since he apparently will be representing Los Gatos and Monte Sereno. Although this may not seem like a high priority for the City, the current federal and state emphasis on child care issues warrants having a Saratoga representative at the table to participate in discussions that could greatly impact how welfare reform is implemented in Santa Clara County. Feedback from the City's Child Care Coordinator may also offer an important perspective as future policy decisions are made regarding the City's Recreation and Teen Service programs. FISCAL IMPACTS: The cost for recruitment of a Child Care Coordinator should be minimal as should any future costs associated with the performance of this role. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Staff will not recruit for a Child Care Coordinator. FOLLOW UP ACTIONS: A recruitment will be conducted much in the same manner as which Commission members are recruited. ATTACHMENTS: Letters re: Child Care Coordinator. 1 -15 -1998 8:14PM FROM IM PROGRAM TECH DR 408 452 1976 facsimile TRANSMITTAL To: Larry Perlin, City Manager OE City of Saratoga Fax: 408 868 -1280 Phone: 408 868 -1213 Pages: 3, including this cover sheet. Date: January 15, 1998 Dear Larry: I am glad we finally were able to talk today about the County Board of Supervisors' request that Saratoga appoint a Child Care Coordinator to assist with strategic planning for the future of child care for our county's families and children. With this cover sheet I am faxing copies of the previous correspondence I have sent, as you requested. Participation in the county -wide collaborative effort will involve attendance at the meetings of two collaborative bodies working on child care. One is the Joint Child Care Committee, whose meetings are convened by and held at the County Office of Education. The second is the Children and Youth Collaborative Task Force; these meetings are held at the Santa Clara County Social Services Agency and are facilitated by the Program Manager of Children and Youth Services. Even if the City of Saratoga has not appointed its representative by February 9, we hope you will find an interested City Council, staff or community member to attend the next meeting of the Children and Youth Task Force, on February 9 from 12:00 1:30 p.m. in the California Room at the Social Services Agency offices, at 1725 Technology Drive in San Jose (lobby entrance at the corner of Technology and Skyport). We look forward to seeing you there. If I can be of help, please let me know. From the desk of... Rina C. Faletti Management Analyst Santa Clara County Social Services Agency 1725 Technology Drive San Jose, CA 95110.1360 Phone: 403.4415693 Fax: 408 -452 -1976 1 I 1 -15 -1998 8:14PM FROM IM PROGRAM TECH DR 408 452 1976 r. c C 0 V E R S H E E T To: Mayor Gillian Moran L DYE Fax 867 -0668 Subject: Child Care Coordinator Appointment Request Date: December 2, 1997 Pages: 2, including this cover sheet. Dear Mayor Moran:. I am faxing you a copy of a letter sent to your office on October 29, 1997, in which Supervisors Alvarado and Beall request of the City of Saratoga that it designate a Child Care Coordinator to participate on the City County Joint Child Care Committee. Please read the attached letter, and I will call you later this week to discuss any of your questions or concerns, and to find out from you the process you'll use to select the Child Care Coordinator for the City of Saratoga. Thank you in advance for your efforts. Sincerely, Rina C. Fale i From the desk or... PUS C Faletti Mww9wnwA Arm" Santa Cbm County Soda) Satvloes AgwKy 1725 Tadvwk BY prise San Jose, CA. 95110 406441 -GM Fax: 406-441 -7257 1 -15 -1998 8 :15PM FROM IM PROGRAM TECH DR 406 a52 1970 r Copy (2q County of Santa Clara Social SCrVICCS Agency 1725 Technology Drive Sari Jose. California 9s i 10- 1360 October 29, 1997 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Moran: As members of the Joint Child Care Committee, we are writing to urge you to support of collaborative efforts improve child care services throughout Santa Clara County. With the advent of changes brought on by welfare -to -work legislation, and as a matter of great. concern for our children and families, our goal is that child care become a top priority. No matter what your socioeconomic status, child care is consistently a key component of employment retention. Four cities within Santa Clara County already have child care coordinators. Supervisor Jim Beall has already encouraged many other cities to consider doing the same. We are asking that your city designate or appoint a representative from staff to participate on the City- County Child Care Collaborative, The Collaborative's general purpose is to evaluate and improve the quality, quantity and availability of child care. The Collaborative also specifically deals with child care as it relates to welfare -to -work and CalWORKs families. It is essential for all cities in the county to participate in order to gain a fuller understanding of the child care tasks and issues that lie before us as we assist families toward self sufficiency. The Collaborative will work toward the following goals: 1. to enhance child care education and training countywide; 2. to serve as a conduit of information to the Local Planning Council, the Santa Clara County Office of Education, and the Santa Clara County Social Services Agency regarding child care issues as they relate to CaIWORKs; and 3. to serve as a forum for identifying obstacles blocking child care access and affordability; care. 4. to develop a system of communication linking cities with countywide efforts around child After choosing your city representative, or if you have questions or concerns, please contact Jolene Smith, Child Care and Youth Services Program Manager for the Santa Clara County Social Services Agency, at (408) 441 -5613. We appreciate your efforts on behalf of all children and families in Santa Clara County. Sincerely, Supervisor Blanca Alvarado Chair, Joint Child Care Committee Supervisor Jim Beall Joint Child Care Committee Board of Supervisors: uonald F. Gagc. Blanca Alvarado. Pere McHugh. James T. Beall Jr., S. JcKeph .5imiiinn County Executive: Richard Wittenberg Q sg CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, January 14,1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Pierce. Siegfried Absent: Commissioner Murakami Staff: City Attorney Faubion, Bradley, Crowley Pledge of Allegiance Minutes December 10, 1997. APPROVED 4/0/2. MURAKAMI ABSENT; MARTLAGE AND PATRICK ABSTAINED. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 9, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. UP -97 -010 (APN 389 -19 -031) NEXTEL COMMUNICATIONS/TURKUS, Southwest Corner of Sousa Lane and Quito Road; Request for Use Permit approval to construct 70 foot tall monopole personal communications services antennae which would replace an existing PG E pole on the lot at the southwest corner of Sousa Lane and Quito Road adjacent to Highway 85. (CONTINUED FROM 12/10/97; APPLICANT REQUESTS A FURTHER CONTINUANCE TO 1/28/98). APPROVED 6/0; MURAKAMI ABSENT. PUBLIC HEARINGS 2. DR -97 -021 and V -97 -005 (APN 503 -15 -042) BREGANTE; 21143 Chadwick Court; Request for Design Review approval to construct a new 5,683 sq. ft. two -story residence and Variance approval to construct the residence on a slope of greater than 30 percent pursuant to Chapter 15 of the City Code. The parcel is 2.3 acres in size, located in an HR zoning district. (CONTINUED FROM 11/12/97). CONTINUED TO 2/25/98 FOR RE- DESIGN. APPROVED 6/0; MURAKAMI ABSENT. 3. DR -97 -012 (APN 397 -42 -018) PINN BROTHERS CONSTRUCTION INC., 14168 Taos Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story home at 20 feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district. CONTINUED TO 1/28/98 FOR RE -VOTE. SPLIT 3/3; MURAKAMI ABSENT. Planning Commission Action Minutes Page 2 January 14, 1998 DIRECTOR ITEMS 1. Status Report on Argonaut Shopping Center 2. Planning Commission retreat 3. Planners Institute COMMISSION ITEMS Commissioner Bernald requested that the Bicycle Committee appointment be agendized for the 1/28/98 meeting. COMMUNICATIONS Written 1. City Council Minutes dated December 3, December 9, and December 17, 1997 2. City Council Meeting Calendar for 1998 3. Notices for Planning Commission Meeting of January 28, 1998 ADJOURNMENT 9:15 p.m., to Wednesday, January 28, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA C CITY OF SARATOGA FINANCE COMMISSION MEETING MINUTES DATE: December 16, 1997 TM E: 7:30 PM LOCATION: Emergency Operations Center Conference Room Saratoga Civic Center 13777 Fruitvale Avenue, Saratoga, CA 95070 5. Selection of Chairperson. The Commission approved taking this item out of order. The Commission selected Mr. Ousley as Chair and Ms. Low as back -up in the Chair's absence. Call to Order. The meeting was called to order at 7:40 p.m. 2. introduction of New Committee Members and Interim Administrative Services Director. Commission members and staff introduced themselves to one another. 3. Roll Call. Members Present: -Chang, Low, Ousley, Roeten, Streit, and Wolf. Staff Present: Interim Administrative Services Director Larson. 4. Report on Posting of the Agenda for the Meeting. In accordance with Government Code 54954.2, State of California, the notice of this meeting was properly posted on December 12, 1997. 6. Communications from the Public. There were no members of the public in attendance.. T. Approval of Prior Minutes. The Commission approved the minutes of the October 7, 1997 meeting. 8. Review of Council Approved Budget Amendments (if any). There were no budget amendments for the Commission's consideration or review. 9. Review of October and November 1997 Financial Reports. The Commission focused on the November 1997 reports, since they were the most recent. Commission members inquired about and commented on various elements of the reports, including: cash management policies and procedures, portfolio liquidity, the existence of and adherence to financial policies and procedures, the negative (unreimbursed) cash balance in the HCDA Fund, the status of TEA funds, and the condition of the Hillside Repair Fund. The Commission encouraged the City to move toward instituting more accurate monthly allotments of annual budgeted line items and suggested that become a goal for the FY 1997 -98 budget. 12. Discussion of Hillside Repair Fund Funding Methodologies. The Commission approved taking this item out of order. Chairman Ousley and Ms. Low inquired about the status of engineering reports for vulnerable sites in the city. They also wished to know what was being done proactively. Commission members concurred that any potential TEA funding would arrive too late (June 1998) to address any damage which may have occurred during the previous winter. 13. Review of City's Investment Policy. The Commission approved taking this item out of order. Commission members generally agreed that adherence to the Policy was its main concern. The Commission had no other related issues to discuss and voted to recommend to the City Council that it approve the Policy in its current form. 11. City Council Assignments from December 9 meeting: a. Recreation Programs Review (Report by March 1) 1. Methods and timeline to become self supporting 2. Recommendations for task force membership b. Indirect Cost Calculations (Review by March 31) The Commission approved taking this item out of order. Chairman Ousley provided a brief oral history of the Commission's involvement with the Recreation Program. Mr. Roeten then relayed his understanding of the City Council's request for further review, as outlined above. The Commission generally concurred with Interim Administrative Services Director Larson's suggestions for areas to incorporate into a review, which might include: where and why services may be duplicated; how the City's Recreation Program compares to other entities in terms of percentage of cost recovery; more specific elements of class revenues and expenses in the budget, which fee setting methodologies are applied; how courses are selected, and what physical limits exist, i.e how much can the Recreation Program actually grow. Chairman Ousley suggested that he meet with Kay Whitney, Chair, Parks and Recreation Commission, Recreation Director Pisani, and Interim Administrative Services Director Larson to discuss the framework for the Task Force to conduct its reviews. The Commission named Mr. Roeten and Mr. Streit as its representatives on the Task Force, which is also to include two members of the Parks and Recreation Commission. The Commission asked that information about the City's indirect cost allocation plan be shared at the next Finance Commission meeting. 10. Development of Finance Commission Workplan Chairman Ousley described some of the past activities of the Finance Advisory Committee. He suggested, with general Commissin concurrence, that the following issues be placed on the Finance Commission's work plan, if approved by City Council during an upcoming adjourned meeting: Budget document improvement Preview /enhance descriptions on budget amendments Reporting format for monthly financial reports submitted to Council Technology activities Five Year Plan, including capital funding Recreation issues (discussed previously) Indirect cost allocation methodology Hillside street repair funding, mitigation and emergency response Possibly attend other commission meetings and/or help prepare review their budgets Chairman Ousley asked for reaction and feedback, and suggested that the work plan might be placed on the agenda for City Council's January 27 adjourned session. 14. Agenda for Next Meeting. Items planned to be considered at the next Commission meeting include: the City's indirect cost allocation plan, the City's 1996 -97 Comprehensive Annual Financial Report, a Recreation Program Task Force activities update, and the Finance Commission proposed work plan. 15. Adjourn to Next Meeting. The Commission determined that it will hold regular meetings on the second Monday of each month. The next meeting is scheduled for January 12, 1998. C:\WPFELES\FAC\rninl2l6.97 S �13 Minutes Saratoga Youth Commission Date Time: December 1, 1997 7:00 p.m. 9:00 p.m. Place: Warner Hutton House 13777A Fruitvale Ave. 1 st Semester Chairperson: Sarah Adolphson 1st Semester Vice Chairperson: David Mount 1 2 Semester Chairperson: Alex Scordelis CALL TO ORDER -the meeting was called to order at 7:08 p.m. A. Roll Call Present: Sarah Adolphson, Taanaz Altafi, Alison Chang, Sheeva Ghassemi, Sam Kendall, Brian Luskey, Dave Mount, Laura Prolo, Alex Scordelis Laze: None Absent: Jennifer Chang, Sydney Cohn, Candice Goodman B. Posting of Agenda (Agenda was posted on Mon., 24 November 1997) C. Minutes for 3 November approved 11. COMMUNICATION FROM THE PUBLIC 111. OLD BUSINESS A. Donation Drive Cohn 1. Update on letter response B. Non profit Organization Sheeva will attend the board meeting on December 3 C. Fundraising for 1997 -98 Cohn 1. New fundraising ideas: a. flea market Ca' WHH City Hall set date in May: b. disco car wash set date for sometime in spring pre -sell tickets c. girl's night lock -in set date for February $20 per girl decide on age group 4•, cam �L�Ce °C d. high school car show set date for end of May e. Golf Tournament set date for April f. Concert in the Community Center -(talk to Alex) -set date for March g. In and Out Burger -will come to SHS -need to pre -sell 300 lunche minimum kut C4.44 D. Warner Hutton House Luskey 1. Staff report on hiring and attendance 2. Report on youth Commission sponsored activities Minutes 12 1 97 con't a. Mall Security played on Wed. Nov. 26 E. McDonald's night 1. Held November 25 2. Total amount of money made-N/A D. Dance Update Ghassemi 1. 260 attended the November 14 dance 2. Revenue total -$948 3. Youth commissioner attendance was low at the November 14 dance. Working at the dances may have to be made mandatory with a penalty for an absence if low turnouts continue. VI. NEW BUSINESS A. Yac Attack 98, March 7 in Foster City 1. Overview of youth conference 2. Everyone is interested in attending a. Decide on staying in Foster City on the night of the conference B. Middle School Dance Ghassemi 1. Next dance will be January 24 2. This is our first Saturday night dance 3. Sign -ups for set up and chaperones 4. Dance committee L the community center will meet Fri. Dec 12 after school, pizza will be served C. Attendance at Youth Commission Adolphson V. COMMITTEE REPORTS A. High School Committee Chair Luskey 1. Meeting will be held after the Dance Committee meeting on Dec. 12 B. Warner Hutton House Committee Chair Chang 1. New ideas for Youth Commissions a. The Dating Game b. WVtTF style wrestling with Luskey n' Mount C. Fundraising Committee already reported D. Public Relations Mount 1. Order grey polo shirts with silk screened navy blue logo VI. Meeting adjourned at 8:30 p.m. Next meeting is January 5 Respectfully submitted by: CHECK REGISTER CERTIFICATION ACCOUNTS PAYABLE CHECKS WS A73773- A73886 Fund Amount Amount Void Manual $330,354.75 Fund Name 1 1 1/15/98 1 Checks Checks Total ACCOUNTS PAYABLE CHECKS WS A73773- A73886 1 GENERAL $310,438.19 $19,916.56 $330,354.75 100 COPS -SLESF 5,863.50 $5,863.50 110 Traffic Safety $0.00 150 Streets Roads 37,216.19 $37,216.19 160 Transit Dev $0.00 170 Hillside Repair 55,539.12 $55,539.12 180 LLA Districts 2,761.00 $2,761.00 250 Dev Services 16,253.36 $16,253.36 260 Environmental 9,051.38 $9,051.38 270 Housing &Comm $0.00 290 Recreation 6,952.85 (726.00) 1,115.00 $7,341.85 292 Facility Ops 784.00 $784.00 293 Quarry Creek $0.00 300 State Park $0.00 310 Park Devlpmnt 54,918.90 $54,918.90 400 Library Debt $0.00 410 Civic Cntr COP $0.00 420 Leonard Rd $0.00 700 Quarry Creek $0.00 710 Heritage Prsvn $0.00 720 Cable TV $0.00 730 PD #2 $0.00 740 PD #3 $0.00 800 Deposit Agency 2,500.00 $2,500.00 810 Deferred Comp $0.00 830 Payroll Agency $0.00 990 SPFA $0.00 Subtotal $502,278.49 ($726.00) $21,031.56 $522,584.05 PAYROLL CHECKS: 823153- B23184 73,349.03 VOID CHECKS: (DUE TO PRINTER PROBLEMS) A73636- A73654, A73756- A73887, A73845 TOTAL $595,933.08 Prepared by: Date: Approved by: Date: ONANICBCERTIFY 16 -J-98 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE I PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER/YEAR TRN AMOUNT 01/15/1998 73773 A M MOTOR SUPPLY 3 84.50 1-1035-512.30-01 01/14/1998 VEHICLE PARTS 58335 18155 07/1998 84.50 01/15/1998 73774 ABLE RIBBON TECHNOLOGY 11 173.75 1-1050 -513.30-01 01/07/1998 RIBBON CARTRIDGE FOR 075139 07/1998 173.75 01/15/1998 73775 ADAMS, CAROL 1166 1 62.08 250 -4015-422.01-00 01/12/1998 REFUND OVERPAYMENT OF 65275 07/1998 53.98 1-1040-413.05-00 01/12/1998 REFUND OVERPAYMENT OF 65275 07/1998 8.10 01/15/1998 73776 BARCO, JEFF 1162 63.49 250-4015-422.01-00 01/08/1998 BLDG PERMIT REFUND 64973 07/1998 53.86 1-1040-413.05-00 01/08/1998 BLDG PERMIT REFUND 64973 07/1998 9.63 01/15/1998 73777 BAY AIRGAS INC 1148 87.64 1-1060-513.30-02 01/07/1998 REFILL ACETYLENE TANK 35321 07/1998 87.64 01/15/1998 73778 BAY AREA BARRICADE SERVICE 42 633.26 150-3015-532.30-01 01/14/1998 SIGN BLANKS 104530 18182 07/1998 633.26 01/15/1998 73779 BERARDO, LYNN 1169 50.00 292-6005-462.03-02 01/14/1998 DEPOSIT REFUND 42005 07/1998 50.00 01/15/1998 73780 BILL'S TREE SERVICE 48 3,510.00 150-3005-532.40-15 01/14/1998 TREE REMOVAL FROM CITY 4339 18263 07/1998 1,350.00 150-3005-532,40-15 01/14/1998 TREE REMOVAL FROM CITY 6054 18263 97/1998 485.00 1-3030-532.40-15 01/14/1998 TREE REMOVAL FROM CITY 6055 18263 07/1998 1,675.00 01/15/1998 73781 BMI IMAGING SYSTEMS 50 300.00 1-1050-513.40-10 01/07/1998 MTC AGREEMENT 0907 07/1998 300.00 01/15/1998 73782 BOGOSIAN, STAN 52 250.00 1-1005-511.20-01 01/07/1998 EXPENSE ALTLOWANCE 1/98 ci/93 07/1998 250.00 01/15/1998 73783 CALLAGHAN, MARY 1173 69.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 611 01/1998 69.00 01/15/1998 73784 CELLULAR ONE 71 170.01 1-1050-513.40-20 01/07/1998 CELLULAR PHONE 71000160 07/1998 56.67 1-1050-513.40-20 01/07/1998 CELLULAR PHONE 71000160 07/1998 56.67 1-2010-522.40-20 01/07/1998 CELLULAR PHONE 71000160 07/1998 56.67 01/15/1998 73785 CHA 78 204.00 1-0000-210.20-01 01/14/1998 4TH QTR CONTRIBUTIONS 10/97-12/97 07/1998 204.00 01/15/1998 73786 CHAY, MARY 1102 116.00 290-6005-445.04-00 01/08/1998 CLASS REFUND 3862 07/1998 116.00 01/15/1998 73787 CHEN, JINA 1158 59.00 290-6005-445.04-00 01/07/1998 CLASS REFUND 1558-18 07/1998 59.00 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE Po PER/YEAR TRN AMOUNT 01/15/1998 73788 CITY CLERKS ASSOCIATION OF CA 1178 110.00 1-1030-511.30-30 01/14/1998 MEMBERSHIP DUES 97/98 07/1998 110.00 01/15/1998 73789 CITY OF MONTE SERENO 83 2,281.36 260-5005-552.40-70 01/08/1998 SOLID WASTE 103197 18029 -07/1998 2,281.36 01/15/1998 73790 CITY OF SARATOGA-PETTY CASH 682 82.01 290-6005-564.40-51 01/14/1998 ESCORT MEALS 1/14/98 07/1998 17.87 290-6005-564.30-01 01/14/1998 KLEENEX 1/14/98 07/1998 12.93 290-6005-564.40-51 01/14/1998 CUPS FOR SENIOR TRIP 1/14/98 07/1998 4.32 290-6005-564.40-21 01/14/1998 OVERNIGHT EXPRESS 1/14/98 07/1998 10.75 290-6010-564.30-01 01/14/1998 HOLIDAY CLASSES 1/14/98 07/1998 36.14 01/15/1998 73791 CITY OF SARATOGA/PETTY CASH 85 66.58 1-1020-511.40-04 01/14/1998 LUNCH EXPENSE 1/9/98 JAN 98 07/1998 43.12 1-1020-511.40-04 01/14/1998 LUNCH EXPENSE 1/12/98 JAN 98 07/1998 43.46 01/15/1998 73792 CLARK, HALLY 1174 69.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 265 07/1998 69.00 01/15/1998 73793 COATE, BARRIE D. 41 9,483.66 250-4010-542.40-10 01/07/1998 VARIOUS ARBORIST JOBS 97/736 07/1998 3,697.07 250-4010-542.40-10 01/07/1998 VARIOUS ARBORIST JOBS 97/705-B 07/1998 5,627.94 1-3030-532.40-10 01/07/1998 VARIOUS ARBORIST JOBS 97/705-A 07/1998 158.65 01/15/1998 73794 COMMERCIAL PETROLEUM EQUIPMENT 986 250.06 1-1035-512.60-04 01/14/1998 7 GALLON-INTERNAL DRAIN 199520 07/1998 250.06 01/15/1998 73795 COMPUCOM 1151 571.15 1-1065-613.60-06 01/12/1998 OKIDATA DOT MATRIX PRTR 82413129 18388 07/1998 571.15 01/15/1998 73796 CORY, BETSY 94 16.00 1-1005-511.30-01 01/07/1998 REIMBURSE FOR OFFICE 07/1998 16.00 01/15/1998 73797 COUNTY OF SANTA CLARA 97 345.00 1-1040-452.01-00 01/12/1998 PARKING CITATION 5/97 05/97 01/1998 345.00 01/15/1998 73798 COUNTY OF SANTA CLARA 99 43.00 1-0000°202.10-01 01/14/1998 BUS TICKET REIMBURSEMENT JAN 1998 07/1998 43.00 01/15/1998 73799 CPRS DISTRICT #4 751 50.00 1-1045-513.40-03 01/14/1998 VOLUNTEER RECOGNITION 07/1998 50.00 01/15/1998 73800 DATA TICKET, INC. 108 100.00 1-1040-513.40-10 01/07/1998 NOV MONTHLY PARKING FEES 0006202 07/1998 100.00 01/15/1998 73801 DEPARTMENT OF CONSERVATION 120 1,593.98 250-4015-422.01-00 01/07/1998 SMIP FEES OCT-DEC -97 121597 07/1998 1,593.98 01/15/1998 73802 DEPARTMENT OF TRANSPORTATION 121 4,050.95 150-3015-532.40-15 01/14/1998 TRAFFIC LIGHT MAINTENANCE 04025266 07/1998 658.86 150-3015-532.40-15 01/14/1998 CITY SHARE ELECT. MTC 144324 17968 07/1998 3,392.09 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER/YEAR TRN AMOUNT 01/15/1998 73803 DEVIKA, VALLURE 1175 69.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 299 07/1998 69.00 01/15/1998 73804 DIABLO LANDSCAPE MAINTENANCE 122 2,455.00 180-3040-532.40-15 01/14/1998 MONTHLY MAINTENANCE 11/97 28865 •07/1998 240.00 180-3040-532.40-15 01/14/1996 LANDSCAPE MAINTENANCE 19239 07/1998 35.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 75.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 150.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 75.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 49.20 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 60.30 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 40.50 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 75.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 75.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 150.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 295.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 850.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 19239 07/1998 285.00 01/15/1998 73805 DMS INC 612 1,164.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 53337L 07/1998 204.00 180-3040-532.40-15 01/14/1998 LANDSCAPE MAINTENANCE 53336L 07/1998 102.00 150-3025-532.40-15 01/14/1998 MEDIANS 53335L 07/1998 858.00 01/15/1998 73806 ELECTRICAL DISTRIBUTORS 144 175.97 1-1060-513.30-02 01/07/1998 WILDWOOD PARK ELECTRICAL 821037 07/1998 175.97 01/15/1998 73807 FLORAL FANTASIA-SARATOGA FLORI 753 37.89 1-1005-511.30-01 01/14/1998 FLOWERS M. MANGO 1216 18020 07/1998 37.89 01/15/1998' 73808 FREEMAN, SUSAN 1172 74.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 490 07/1998 74.00 01/15/1998 73809 FRY'S ELECTRONICS 159 593.18 1-1065-613.60-06 01/07/1998 COMPUTER SUPPLIES/MIS 2123764 07/1998 593.18 01/15/1998 73810 G. N. RENN, INC. 162 874.15 1-1035-512.30-20 01/14/1998 GAS RELATED PRODUCTS 233056 17974 07/1998 874.15 01/15/1998 73811 GEOFFREY L. ROTHMAN ASSOC 776 2,125.00 1-1045-513.40-10 01/14/1998 HR CONSULTING JOB SPEC 12/31/97 07/1998 2,125.00 01/15/1998 73812 GILLINGS, PAT 1177 79.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 1955-18 07/1998 69.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 1955-18 07/1998 10.00 01/15/1998 73813 GRANT, MICHAEL 512 2,500.00 800-0000-260.10-00 01/14/1998 DEPOSIT REFUND FOR TREE 39099 07/1998 2,500.00 01/15/1998 73814 GREEN VALLEY RECYCLING CO INC 613 4,205.53 260-5015-552.40-10 01/14/1998 STREET SWEEPING 11/97 11/97 200015 07/1998 4,205.53 i, PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER/YEAR TRN AMOUNT 01/15/1998 73815 GTE MOBILNET 179 61.49 260-5015-552.40-20 01/14/1998 CELL PHONE CORP YARD 482-8631 17937 07/1998 61.49 01/15/1998 73816 HAGHSHENAS, ABBAS 1171 94.00 290-6005-445.01-00 01/14/1998 CLASS REFUND 29996 94.00 01/15/1998 73817 HONG-YUH, SHIN 1176 I 69.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 279 07/1998 69.00 01/15/1998 73818 HTE, INC. 524 22,094.97 1-1065-613.60-06 01/07/1998 COMPUTER SYSTEM RELATED 000718 07/1998 16,286.00 1-1065-613.60-06 01/07/1998 COMPUTER SYSTEM RELATED 517293 07/1998 2,775.00 1-1065-613.60-06 01/07/1998 COMPUTER SYSTEM RELATED 517498 07/1998 712.80 1-1065-613.60-06 01/07/1998 COMPUTER SYSTEM RELATED 516618 07/1998 779.40 1-1065-613.60-06 01/07/1998 CREDIT ON DUPLICATE INV 514239 07/1998 2,639.48-* 1-1065-613.60-06 01/07/1998 CREDIT ON DUPLICATE INV 514239 07/1998 800.00- 1-1065-613.60-06 01/07/1998 13 1 4 710 �eiitnvp CREDIT ON DUPLICATE INV 000706 07/1998 1,018.75-* 1-1065-613.60-06 01/07/1998 1;fiz 1 -v 517917 07/1998 3,000.00 1-1065-513.40-01 01/14/1998 A/R BUS. LIC. TRAINING 518289 07/1998 3,000.00 01/15/1998 73819 HUANG, TIFFANY 1165 74.00 290-6005-445.04-00 01/12/1998 CLASS REFUND 3821-18 07/1998 74.00 01/15/1998 73820 HUMANE SOCIETY OF 197 3,787.00 260-5005-552.40-10 01/14/1998 FIELD SERVICES 298SARA 200150 07/1998 2,503.00 1-2025-523.40-10 01/14/1998 SHELTER SERVICES 298SARA 200150 07/1998 1,284.00 01/15/1998 73821 ICMA RETIREMENT TRUST 201 3,926.86 1-0000-210.20-01 01/14/1998 DEFERRED COMP 1/15/98 07/1998 3,926.86 01/15/1998' 73822 INTERSTATE BATTERY SYSTEM 204 43.25 1-1035-512.30-01 01/14/1998 REPLENISH BATTERY SUPPLY 30030975 18154 07/1998 43.25 01/15/1998 73823 JACOBS, PAUL 208 250.00 1-1005-511.20-01 01/07/1998 EXPENSE ALLOWANCE 1/98 01/98 07/1998 250.00 01/15/1998 73824 JAFFE, JANIE 1161 59.90 1-1040-413.05-00 01/08/1998 BLDG PERMIT REFUND 64912 07/1998 9.30 250-4015-422.01-00 01/08/1998 BLDG PERMIT REFUND 64912 07/1998 50.60 01/15/1998 73825 JJR CONSTRUCTION 506 22,045.02 150-3020-532.40-10 01/14/1998 DRAINAGE IMPROVEMENT 479 07/1998 5,011.00 150-3005-532.40-10 01/14/1998 DRAINAGE IMPROVEMENT 481 07/1998 15,899.00 150-3010-532.40-14 01/14/1998 DRAINAGE IMPROVEMENT 480 07/1998 1,135.02 01/15/1998 73826 JUSTICE, DEBI 1170 34.00 290-6005-445.04-00 01/14/1998 CLASS REFUND 676 07/1998 34.00 01/15/1998 73827 KANEN TOURS 222 1,494.00 290-6005-564.40-51 01/14/1998 RENO TRIP 2/2 2/3 92997 18311 07/1998 1,494.00 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER /YEAR TRN AMOUNT 01/15/1998 73828 LARSON, DEBORAH S. 1091 7,506.75 1- 1040 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 3,750.00 1- 1045 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 375.00 1- 1050- 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 1,125.00 1- 1055 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 375.00 1- 1060 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 375.00 1- 1065 513.40 -10 01/14/1998 INTERIM ADMIN. SERVICES 1 -1 -98 07/1998 1,500.00 1- 1050 513.40 -21 01/14/1998 POSTAGE FOR FAC 1 -1 -98 07/1998 6.75 01/15/1998 73829 LEI, VENG 1153 34.00 290- 6005- 445.04 -00 01/07/1998 CLASS REFUND 3921 -18. 07/1998 34.00 01/15/1998 73830 LEWIS, HOWARD 245 2,137.50 150- 3005 532.40 -16 01/14/1998 PAVEMENT MANAGEMENT 18073 07/1998 870.00 250- 4020 542.40 -16 01/14/1998 DEVELOPMENT 18073 07/1998 982.50 1- 3035 532.40 -16 01/14/1998 ENCROACHMENT 18073 07/1998 180.00 170- 9010 622.40 -16 01/14/1998 VILLA OAKS LANDSLIDE 18073 07/1998 105.00 01/15/1998 73831 LOFT, JENNIE 250 310.67 1- 1005 511.30 -01 01/15/1998 INVITATION MATERIALS FOR 07/1998 15.22 1- 1015 511.40 -04 01/15/1998 PUBLIC SAFETY COMMISSION 07/1998 150.00 1- 1005 511.30 -01 01/15/1998 BALANCE ON FRAMING FOR 07/1998 130.45 1- 1020 511.30 -01 01/15/1998 FILM AND PROCESSING 07/1998 15.00 01/15/1998 73832 MACON, JOHN 259 73.94 290 6010 564.30 -01 01/14/1998 REIMBURSE SUPPLIES 5938 07/1998 73.94 01/15/1998 73833 MAHAFFEY, LORI 1168 89.00 290 6005- 445.01 -00 01/12/1998 CLASS REFUND 30192 07/1998 89.00 01/15/1998' 73834 MAZE ASSOCIATES 267 6,120.14 1- 1040 513.40 -10 01/12/1998 PROF. SERVICES 11/97 010798 07/1998 2,555.71 1- 1040 513.40 -10 01%12/1998 ACCOUNTING SERVICES 010798 -B 07/1998 3,564.43 01/15/1998 73835 MCDOWELL ASSOCIATES, INC. 287 1,815.00 250- 4020 542.40 -10 01/14/1998 CITY SURVEYOR SERVICES 12/97 18078 07/1998 1,815.00 01/15/1998 73836 METRO PUBLISHING INC. 272 408.78 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC392 18016 07/1998 16.88 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC395 18016 07/1998 45.00 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC396 18016 07/1998 65.63 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC399,400 18016 07/1998 146.25 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC401 18016 07/1998 61.88 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC402 18016 07/1998 24.38 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC403 18016 07/1998 24.38 1- 1030 511.40 -40 01/14/1998 LEGAL NOTICES CC404 18016 07/1998 24.38 01/15/1998 73837 MEYERS, NAVE, RIBACK SILVER 274 7,177.22 1- 1025 511.40 -11 01/14/1998 LEGAL SERVICES DEC 1 97 12 -00126 07/1998 5,990.97 1- 1025 511.40 -12 01/14/1998 LITIGATION SERVICES 12/97 12- 00128,29,30 07/1998 1,408.75 1- 0000 210.20 -01 01/14/1998 CREDIT FOR PERS PREMIUM 07/1998 222.50 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER /YEAR TRN AMOUNT 01/15/1998 73838 MIRANDA, SUE ANN 1163 34.00 292 6005- 462.03 -01 01/08/1998 DEPOSIT REFUND 39717 07/1998 34.00 01/15/1998 73839 MOORE BUICK 280 257.77 1- 1035 512.40 -15 01/14/1998 VEHICLE REPAIRS MTC 114801 18171 07/1998 257.77 01/15/1998 73840 MORAN, GILLIAN 282 I 250.00 1- 1005 511.20 -01 01/07/1998 EXPENSE ALLOWANCE 1/98 01/98 07/1998 250.00 01/15/1998 73841 NAPA VALLEY WINE TRAIN 1154 2,565.00 290 6005 564.40 -51 01/14/1998 LUNCH SR TRIP 3/19 1/13/98, 18315 07/1998 2,565.00 01/15/1998 73842 NATIONAL PLAN COORDINATOR 292 2,139.42 1- 0000 210.20 -01 01/14/1998 DEFERRED COMP 1/15/98 07/1998 2,139.42 01/15/1998 73843 NATIONAL SANITARY SUPPLY 293 1,678.22 1- 1060 513.30 -02 01/07/1998 JANITORIAL /CUSTODIAL 6476325 17988 07/1998 75.95 1- 1060 513.30 -02 01/07/1998 JANITORIAL /CUSTODIAL 6481109 17988 07/1998 36.59 1- 1060 513.30 -02 01/08/1998 JANITORIAL /CUSTODIAL 6482687 17988 07/1998 974.02 1- 3030 532.30 -01 01/14/1998 PAPER AND JANITORIAL 6484160 18151 07/1998 237.26 1- 1060 513.30 -02 01/14/1998 JANITORIAL /CUSTODIAL 6483181 17988 07/1998 354.40 01/15/1998 73844 NDR AUCTIONEERS 541 100.00 292 6005- 462.03 -01 01/07/1998 DEPOSIT REFUND 42012 07/1998 100.00 01/15/1998 73845 NEW PISA 1097 726.00 290 6005 564.40 -51 01/14/1998 DINNERS FOR 1/15 TRIP 102897 18308 07/1998 726.00 01/15/1998 73846 NIKFAR, ARMIN 1164 300.00 292- 6005- 462.03 -01 01/08/1998 DEPOSIT REFUND 41087 07/1998 300.00 01/15/1998 73847 NORMAN PAUL PRINT CENTER 294 1,146.21 250- 4015 542.30 -01 01/08/1998 PERMITS /RECEIPTS PRINTING 972591 07/1998 987.37 1- 1005 511.30 -01 01/14/1998 COUNCIL BUSINESS CARDS 972774 07/1998 158.84 01/15/1998 73848 O'GRADY PAVING 806 6,656.00 150- 3005 532.40 -10 01/14/1998 PAVEMENT MGMT 1997 971 C80032 07/1998 6,656.00 01/15/1998 73849 PACIFIC BELL 306 30.34 1- 2005 521.40 -20 01/07/1998 TELEPHONE 7412271 07/1998 15.17 1- 2005 521.40 -20 01/07/1998 TELEPHONE 7411527 07/1998 15.17 01/15/1998 73850 PACIFIC GAS ELECTRIC 307 80.31 1- 1035 512.30 -20 01/14/1998 NATURAL GAS VEHICLE BVVNG05001 -5 07/1998 18.13 1- 1035 512.30 -20 01/14/1998 NATURAL GAS VEHICLE BVVNG05001 -5 07/1998 62.18 01/15/1998 73851 PACIFIC PARKS LANDSCAPING 490 11,705.85 1- 9010 622.40 -10 01/14/1998 MEDIAN LANDSCAPING 7 07/1998 11,705.85 01/15/1998 73852 PASCON 1007 54,918.90 310- 9010 622.40 -10 01/14/1998 PROGRESS BILLING HAKONE 11 -20 C80036 07/1998 54,918.90 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER /YEAR TRN AMOUNT 01/15/1998 73853 PATIL, ERIN 1159 89.00 290 6005- 445.01 -00 01/07/1998 CLASS REFUND 5007 -18 07/1998 89.00 01/15/1998 73854 PCI CLEAN FUELS INC 607 885.97 1- 1035 512.30 -20 01/14/1998 CNG VEHICLE FUEL 1034 18157 07/1998 642.47 1- 1035 512.30 -20 01/14/1998 SERVICE CALL 13868 18157 07/1998 I 243.50 01/15/1998 73855 PROFESSIONAL FLEET SERV. 327 374.41 1- 1035 512.40 -14 01/14/1998 REPAIR FLEET TIRES 61109 17972 07/1998 57.50 1- 1035 512.40 -14 01/14/1998 REPAIR FLEET TIRES 61110 17972 07/1998 90.34 1- 1035 512.40 -15 01/14/1998 FLEET TIRE MAINTENANCE 60949 17972 07/1998 196.57 1- 1035 512.40 -15 01/14/1998 FLEET TIRE MAINTENANCE 61055 17972 07/1998 30.00 01/15/1998 73856 PUB EMP RETIREMENT SYSTEM 593 11.08 1- 0000 210.20 -01 01/07/1998 LONG TERM CARE 361412 07/1998 11.08 01/15/1998 73857 PUBLIC EMPL RETIRE FUND 330 8,361.78 1- 0000 210.20 -01 01/14/1998 PERS 01983 07/1998 8,361.78 01/15/1998 73858 REDWOOD ATHLETIC BOOSTERS 966 255.00 290- 6005 564.40 -10 01/08/1998 INSTRUCTORS FEE 8029 07/1998 255.00 01/15/1998 73859 ROYAL COACH TOURS 338 502.90 290 6005 564.40 -51 01/14/1998 BUS FOR 1/29/98 TRIP 005630 -004 18309 07/1998 502.90 01/15/1998 73860 S.C.A.C. TV FOUNDATION 342 15,778.58 1- 7010 571.40 -70 01/12/1998 4TH QTR FRANCHISE PAYMENT 1/8/98 07/1998 15,778.58 I 01/15/1998 73861 S.F. HERITAGE 1098 100.00 290 6005 564.40 -51 01/14/1998 PAYMENT FOR 20 TICKETS 100797 18310 07/1998 100.00 01/15/1998 73862 SAFE MOVES 1085 300.00 100 2030 523.40 -10 01/14/1998 BICYCLE SAFETY ED. 1 07/1998 300.00 01/15/1998 73863 SANTA CLARA COUNTY 701 203,276.83 1- 2015 523.40 -10 01/14/1998 ADVANCE FOR LAW ENFORCEMT 9803 200028 01/1998 195,344.83 1- 2010 522.40 -10 01/14/1998 ADVANCE FOR LAW ENFORCEMT 9803 200028 07/1998 2,368.50 100 2030 523.40 -10 01/14/1998 ADVANCE FOR LAW ENFORCEMT 9803 200028 07/1998 5,563.50 01/15/1998 73864 SANTA CLARA COUNTY CITY MGR AS 1179 35.00 1- 1020 511.30 -30 01/14/1998 1998 MEMBERSHIP DUES 07/1998 35.00 01/15/1998 73865 SARATOGA CHAMBER OF COMMERCE 353 836.25 1- 1005 511.30 -30 01/14/1998 CHAMBER MEMBERSHIP 2124 07/1998 836.25 01/15/1998 73866 SARATOGA EMPLOYEE ASSOCIATION 495 1,485.70 1- 0000 210.20 -01 01/14/1998 4TH QTR MEMBERSHIP DUES 10/97 -12/97 07/1998 1,485.70 01/15/1998 73867 SAXTON HEINRICHS, KIM 359 181.00 1- 1045 513.40 -01 01/14/1998 FLIGHT /FOOD FOR CPRS 07/1998 181.00 PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER/YEAR TRN AMOUNT 01/15/1998 73868 SCHMIEDING, LORI 1160 300.00 292-6005-462.03-01 01/08/1998 DEPOSIT REFUND 42370 07/1998 300.00 01/15/1998 73869 SHAW, JAMES 365 200.00 1-1005-511.20-01 01/07/1998 EXPENSE ALLOWANCE 1/98 01/98 .07/1998 250.00 1-1005-511.20-01 01/07/1998 VOLUNTEER REDUCTION 01/98-A 07/1998 50.00- 01/15/1998 73870 SHUMAN, ANNE 828 52.00 290-6005-445.03-00 01/07/1998 CLASS REFUND 2159-47 07/1998 52.00 01/15/1998 73871 SPRAY MART 932 100.62 150-3005-532.40-14 01/14/1998 PAINT SPRAYER REPAIR 44399 07/1998 100.62 01/15/1998 73872 STAPLES 378 849.41 1-1050-513.30-01 01/14/1998 CENTRAL SUPPLIES L804631001 18139 07/1998 377.93 1-1050-513.30-01 01/14/1998 CENTRAL SUPPLIES 3578 18139 07/1998 87.79 1-1050-513.30-01 01/14/1998 CENTRAL SUPPLIES 8748 18139 07/1998 76.02 1-2010-522.30-01 01/14/1998 OFFICE SUPPLIES LP54592001 07/1998 206.61 250-4010-542.30-01 01/14/1998 OFFICE SUPPLIES L804631002 07/1998 29.24 250-4010-542.30-01 01/14/1998 OFFICE SUPPLIES L856445001 07/1998 71.82 01/15/1998 73873 STATE BOARD OF EQUALIZATION 379 125.01 1-1035-512.30-21 01/14/1998 4TH QTR DIESEL FUEL DG-MT 57425004 07/1998 125.01 01/15/1998 73874 STATE OF CALIFORNIA 382 2,669.55 1-0000-210.20-01 01/14/1998 TAX DEPOSIT 1/15/98 07/1998 2,669.55 01/15/1998 73875 STEVENS CREEK QUARRY, INC. 384 55,434.12 170-9010-622.40-10 01/14/1998 VILLA OAKS SLIDE REPAIR 73379 C80033 07/1998 32,206.77 170-9010-622.40-10 01/14/1998 VILLA OAKS SLIDE REPAIR 73380 C80033 07/1998 14,466.75 170-9010 01/14/1998 VILLA OAKS SLIDE REPAIR 73384 C80033 07/1998 8,760.60 01/15/1998 73876 THE DINI GROUP 125 2,550.00 250-4020-542.40-16 01/14/1998 GRADING INSPECTIONS 18071 07/1998 1,290.00 1-3035-532.40-16 01/14/1998 ENCROACHMENT INSPECTIONS 18071 07/1998 1,260.00 01/15/1998 73877 THE PRUDENTIAL INS. COMPANY 395 2,287.58 1-0000-210.20-01 01/14/1998 DENTAL PREMIUMS 1/98 1/1/98 07/1998 2,287.58 01/15/1998 73878 UNISTRUT NORTHERN CA 480 155.03 150-3015-532.40-15 01/14/1998 DRIVE RIVET 351777 07/1998 155.03 01/15/1998 73879 UNITED STATES POSTAL SERVICE 88 1,000.00 1-1050-513.40-21 01/07/1998 ADD POSTAGE TO MACHINE 20990014 07/1996 1,000.00 01/15/1996 73880 UNITED WAY CHARITY 412 99.00 1-0000-210.20-01 01/14/1998 4TH QTR CONTRIBUTIONS 10/97-12/97 07/1998 99.00 01/15/1998 73881 UNUM LIFE INSURANCE OF AMERICA 414 1,132.58 1-0000-210.20-01 01/12/1998 LTD INSURANCE 1/98 0502493 07/1998 1,132.58 -�Z c PREPARED 01/15/1998, 15:56:40 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF SARATOGA FROM 01/15/1998 TO 01/15/1998 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR AMOUNT ACCOUNT TRN DATE DESCRIPTION INVOICE PO PER /YEAR TRN AMOUNT 01/15/1998 73882 WEST COAST BLDG, SERVICE 426 519.00 1- 1060 513.40 -15 01/08/1998 JANITORIAL SERVICE 21018 17991 07/1998 495.00 1- 1060 513.30 -02 01/08/1998 JANITORIAL SUPPLIES 20978 17991 07/1998 24.00 01/15/1998 73883 WESTERN CITY MAGAZINE 1149 342.00 1- 1045- 513.40 -40 01/07/1998 AD FOR ADM SVC DIRECTOR 32023 07/1998 342.00 01/15/1998 73884 WINTERS, DEIDRE 1167 84.00 290- 6005- 445.01 -00 01/12/1998 CLASS REFUND 5005 -18 07/1998 84.00 01/15/1998 73885 WOLFE, DONALD 438 250.00 1- 1005- 511.20 -01 01/07/1998 EXPENSE ALLOWANCE 1/98 01/98 07/1998 250.00 01/15/1998 73886 ZEE MEDICAL SERVICE 443 42.38 1- 1050 513.30 -01 01/07/1998 REFURBISH 1ST AID KIT 66453854 07/1998 17.75 150- 3005 532.30 -01 01/14/1998 FIRST AID SUPPLIES 66453853 17939 07/1998 12.31 1- 3030 532.30 -01 01/14/1998 FIRST AID SUPPLIES 66453853 17939 07/1998 12.32 DATE RANGE TOTAL 502,278.49 -�Z c PREPARED 1/16/98, 14:06:19 ACCOUNTS PAYABLE CHECK REGISTER PAGE 1 PROGRAM GM344L Manual Checks I ACCOUNTING PERIOD 07/1996 CITY OF SARATOGA REPORT NUMBER 28 CHECK VENDOR VENDOR VOUCHER P.O. DATE VOUCHER REMITTANCE CHECK NO NO NAME NO NO AMOUNT AMOUNT TOTAL 736J5 7 5 1 91 COMMONWEALTH CREDIT UNION002433 1/16/1998 3,861.00 002434 1/16/1998 3,486.00 7,347.00 7,347.00 73755 1097 NEW PISA 002435 1/16/1998 726.00 726.00 726.00 73633 329 PUB. EMP. RETIREMENT SYST002432 1/16/1998 12,569.56 12, 569.56 12,569.56 73634 690 STEVE SILVER PRODUCTIONS,002436 1/16/1998 389.00 389.00 389.00 TOTAL CHECKS 21,031.56 I I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: JANUARY 21, 1998 CITY MANAGER ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Vessing Road Assessment District. Approval of Engineer's Report and Confirmation of Assessments RECOMMENDED MOTION(S): 1. Conduct the Public Hearing on the proposed District. 2. Consider testimony and direct the City Clerk to tabulate the Assessment Ballots. 3. Depending on the outcome of the ballot tabulation, move to adopt the Resolution approving the Engineer's Report and Assessments and Ordering the Improvements, or move to direct staff to prepare a Resolution Abandoning the Proceedings. REPORT SUMMARY: At your meeting, you will conduct the required public hearing on the proposed Vessing Road Assessment District. Recall that the hearing was set for this date by Council action taken on November 19. Since then, Notices of Improvement and Assessment Ballots were mailed to each of the 20 property owners in the proposed district. At the conclusion of the hearing, the Council should recess and direct the City Clerk to tabulate the ballots returned by the close of the hearing. Upon reconvening, the City Clerk will report the outcome of the ballot tabulation. If votes representing assessments in favor of the project exceed votes representing assessments opposed to the project, the Council may move to form the assessment district by adopting the attached Resolution prepared by legal counsel approving the Engineer's Report and assessment amounts and ordering the improvements. If, on the other hand, votes against the project exceed votes in favor of the project, or if for some other reason the Council does not wish to form the assessment district, then the Council should direct staff to prepare a Resolution abandoning the proceedings for your next meeting. T A third option available to the Council is to continue the proceedings to a future date if the Council needs additional time to decide whether the assessment district should be formed. This option should particularly be considered if enough property owners believe that an acceptable alternative for improving Vessing Road can be developed in a cooperative and timely fashion eliminating the necessity for an assessment district. If the Council opts to continue the matter however, then it is strongly recommended that the Council do so only for a limited period of time, say no more than thirty or forty -five days. The reason for this is that if it is ultimately decided to proceed with the project via formation of the assessment district, there will be enough time to do so and complete the project during the upcoming construction season. FISCAL IMPACTS: Depends on Council's action. If the Resolution is adopted, the costs associated with the project will be recovered via the assessments levied against the benefiting properties. ADVERTISING, NOTICING AND PUBLIC CONTACT: Each property owner in the proposed district has been mailed a notice of the public hearing along with the Notice of Improvement and Assessment Ballot. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N /A. FOLLOW UP ACTIONS: Again, depends on Council's action. If the Resolution is passed, work on the project will continue. Otherwise, a Resolution abandoning the proceedings will be prepared for your next meeting, or the matter will be continued to a date certain. ATTACHMENTS: 1. Memorandum of Proceedings prepared by Legal Counsel. 2. Resolution approving Engineer's Report and Assessments and Ordering Improvements. 3. Engineer's Report. MEMORANDUM OF PROCEEDINGS TO BE TAKEN BY THE CITY COUNCIL ON WEDNESDAY, JANUARY 21, 1998, IN CONNECTION WITH VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA On May 21, 1997, the City Council approved the Resolution of intent to reimburse expenditures, the boundary map, the legal services agreement, the consultant services agreement and the resolution of intention to order improvement. The boundary map was filed with the County Recorder on May 23, 1997. On November 19, 1997, the Council approved the amendment of the resolution of intention by resolution, designated the City Engineer.. as Superintendent of Streets and designated the City Engineer's Office as the Superintendent of Street's Office for assessment district purposes, accepted and filed the Engineer's Report and set the hearing for 8 p.m. on Wednesday, January 21, 1998. Additionally, the Notice of Improvement and the Assessment Ballot were filed with the City Clerk, and. they were mailed to each property owner within the boundaries of the proposed district on November 25, 1997. The following affidavits and certificates are on file in the City Clerk's office: (a) Certificate of filing boundary map with County Recorder; and (b) Certificate of mailing notice of improvement (w /ballot and return envelope). 1. OPEN PUBLIC HEARING This is the time set for the public hearing on the Resolution of Intention, as amended, and the Engineer's Report. 2. CLOSE PUBLIC HEARING The City Clerk will then open and count the ballots received from the property owners within the boundaries of this district. Judged by the outcome of ballots, and if the Council wishes to proceed, it is in order to consider the following: 3. City Clerk's Certificate Re: Assessment Ballot Results. This is to be filed Please see additional instructions below. 4. Resolution Approving Report and Assessment and Ordering Improvement. This resolution is to be passed ADDITIONAL INSTRUCTIONS TO CITY CLERK: A. Engineer's Report: The second certification on the certification page of the Engineer's Report approving and confirming the report should be completed by signing and using the January 21, 1998 date. THE LAST CERTIFICATION REMAINS BLANK AT THIS TIME. V B. City Clerk's Certificate Re: Assessment Ballot Results: After the public hearing is closed, you will count the ballots, complete the certificate in triplicate, return two copies to the undersigned and file the original in your proceedings file. C. Please provide the undersigned with two certified copies of the resolution adopted. STURGIS, NESS, BRUNSELL ASSAF a professional corporation By: Philip D. Assaf PDA:ot Enclosures 2 \j RESOLUTION NO. RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA The City Council of the City of Saratoga resolves: WHEREAS, this- City Council has taken a series of actions preliminary to ordering the improvement in Vessing Road Assessment District, City of Saratoga, Santa Clara County, California, and now makes the following findings and orders: 1. The City Council adopted a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Santa Clara in the Book of Maps of Assessment and Community Facilities Districts. 2. The City Council adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1913, and directed Civil Consultants Group, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: a) Steps preliminary to the construction of a water supply system consisting of 620 feet; more or less, of water mains, fire hydrant and metered services, including, but not limited to, feasibility studies, engineering plans, cost estimates, legal expenses, and acquisition of easements and rights -of -way necessary therefor. b) The acquisition of property necessary for the improvement of Vessing Road from its intersection with Quito Road to Vessing Court to minimum acceptable City of Saratoga standards by clearing, grubbing, grading, and the construction therein of base, pavement, curbs, gutters, driveway aprons and conforms, striping, signage, retaining structures, utility relocation, where required, and a water transmission system consisting of 620 feet, more or less, of water main, fire hydrant and metered services. C) The acquisition of all lands, easements and rights -of -way and the performance of all work auxiliary to any of the above necessary to complete the same. F� 3. The Engineer of Work filed the report as directed, and the City called a hearing on the report as required by Section 10301 of the Streets and Highways Code. Notice of the hearings was given by mailing to affected property owners, all according to the Municipal Improvement Act of 1913. In addition, an Assessment Ballot was mailed to affected property owners, as required by Article MD of the California constitution and the Proposition 218 Omnibus Implementation Act. An affidavit of mailing the Notice of Improvement and the Assessment Ballot was filed with the City Clerk. 4. At the time and place for which notice was given, the City conducted a public hearing and gave every interested person an opportunity to object to the proposed improvement, the extent of the assessment district, or the proposed assessment. 5. The City Council finds that an assessment ballot proceeding on the question of the proposed assessment was conducted in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act, and that the ballots marked and returned do not constitute a majority protest as defined therein. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the City Clerk. 7. The City Council approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The City Council finds that the Engineer of Work in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This City orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. Document or Event Date Number a. Resolution approving boundary map 05/21/97 97 -23.1 b. Boundary map filed with County Recorder 05/23/97 Dated C. Resolution of Intention 05/21/97 97 -23.4 d. Resolution amending Resolution of Intention 11/19/97 97 -23.5 e. Filing of Engineer's Report 11/19/97 Dated f. Resolution accepting Report 11/19/97 97 -23.7 g. Certificate of Mailing Notice of Improvement and Assessment Ballot 11/25/97 Dated h. Public hearing conducted 01/21/98 7. The City Council approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The City Council finds that the Engineer of Work in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This City orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. 11. According to Section 10603 of the Streets and Highways Code, the City designates the City Treasurer to collect and receive payment of the assessments. The property owners who elect to pay their assessments in cash before the issuance of improvement bonds will not be required to pay their pro rata share of the allowance for special reserve fund, allowance for bond discount and allowance for capitalized interest. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 21st of January, 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor 3 IJ ENGINEER'S REPORT VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA CIVIL CONSULTANTS GROUP, Engineer of Work for Vessing Road Assessment District, makes this report, as directed by the City Council, pursuant to Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913)• The improvements which are the subject of this report are briefly. described as follows: a) Steps preliminary to the construction of a water supply system consisting of 620 feet; more or less, of water mains, fire hydrant and metered services, including, but not limited to, feasibility studies, engineering plans, cost estimates, legal expenses, and acquisition of easements and rights -of -way necessary therefor. b) The acquisition of property necessary for the improvement of Vessing Road from its intersection with 'Quito Road to Vessing Court to minimum acceptable City of Saratoga standards by clearing, grubbing, grading, and the construction therein of base, pavement, curbs, gutters, driveway aprons and conforms, striping, signage, retaining structures, utility relocation, where required, and a water transmission system consisting of 620 feet, more or less, of water main, fire hydrant and metered services. C) The acquisition of all lands, easements and rights -of -way and the performance of all work auxiliary to any of the above necessary to complete the same. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12 per annum, shall be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. 4 This report includes the following attached exhibits: EXHIBIT A: Plans and specifications for improvements to be constructed. Plans and specifications are a part of this report whether or not separately bound. EXHIBIT B: An estimate of the cost of the improvements. EXHIBIT C: An assessment roll, showing the amount proposed to be specially assessed against each parcel of real property within this assessment district. Each parcel is described by County Assessor's parcel number or other designation, and. each parcel is also assigned a separate "assessment number" for the purposes of this proceeding. EXHIBIT D: A statement of the method by which the undersigned determined the amount proposed to be assessed against each parcel, based on benefits to be derived by each parcel, respectively, from the improvements. EXHIBIT E: A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit C by assessment number. EXHIBIT F: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Exhibit C by assessment number. EXHIBIT G: A general description of the rights -of -way to be acquired. EXHIBIT H: Proposed annual assessment per parcel for expenses in gonnection with the registration of bonds. •I Resp6� lly submitte CIVIL CONSULTANTS GROUP Engine r of Work �i By: U"a o �OFESS b SC0. w Qf No. C 14760 r Exp. 3/31/01 I Z CAL;cOj 0 EXHIBIT A PLANS AND SPECIFICATIONS, THOUGH BOUND SEPARATELY, ARE A PART OF THIS REPORT r EXHIBIT B ESTIMATED CONSTRUCTION COST Vessing Road Assessment District Item Unit Item "Total No. Description Quantity Unit Price Cost Cost Street Improvements 1 Traffic control 1 LS 52,500.00 $2,500 2 2" AC overlay 200 TN 50.00 10,000 3 Wedge cut 600 LF- 3.25 1,950 4 pavement fabric 1,500 SY 1.25 1,875 5 Grading 400 CY 35.00 14,000 6 Pavement grinding 17,550 SF 1.00 17,550 7 Finish grading 17,550 SF 0.45 7,898 8 Driveway conforms 8 EA 2,000.00 16,000 9 PCC curb gutter 1,500 LF 21.00 .31,500 10 AC pavement 400 TN 55.00 22,000 11 Class II aggregate base 500 TN 45.00 22,500 12 Raise manholes 4 EA 275.00 1,100 13 Offset drain inlet I LS 5,000.00 5,000 14 Remove AC berm 470 LF 7.00 3,290 15 Remove /replace PCC curb gutter 50 L)+ 25.00 1,250 16 Clearing and grubbing 1 LS 10,000.00 10,000 17 PCC swale 70 LF 20.00 1,400 18 Drain inlet 1 LS 2,500.00 2,500 Total Street Improvement Costs $172,313 Water System Improvements 19 6 -inch DICL pipe 620 LF 48.00 $29,760 20 Fire hydrant 1 EA 4,140.00 4,140 21 1" metered services 6 EA 1,153.00 6,918 22 1" unmetercd service 1 EA 1,153.00 1,153 23 Pctiteinent of existing services I LS 2,900.00 2,900 24 Other 1 LS 5,109.00 5,109 25 Tax gross -up 1 LS 15,020.00 15,020 Total Water System Improvement Costs $65,000 Total Construction Cost 5237,313 Notes: 1. Estimate of street improvement costs prepared by City of Saratoga 2. Estimate of scaler s)'VeM improvement costs prepared by San Jose Water Company 3. Coil of water services revised per tclephotte conversation w/ J. rlartiteau of Salt Jose W alcr Company, 9/26197 V ESTIMATED COSTS AND EXPENSES Vessing Road Assessment District Construction Costs Street Improvements $172,313 Water System Improvements 65,000 Subtotal $237,313 Contingencies 4:10% 23,687 Total Construction Costs $261,000 Incidental Costs $148,070 Engineering Services $15,000 Street improvement design $2,500 Water system design 5,000 Preliminary surveys 3,525 Construction engineering 7,500 Subtotal Engineering Services $.18,525 Financing and Administrative Costs $148,070 Bond counsel $15,000 Assessment engineering 9,810 Printing, advertising and bidding 2,000 Bond reserve t8% 49,600 Bond discount 12% 12,400 Capitalized interest 21,700 Bond printing and advertising 5,000 Paying agent and registrar 3,000 Financial advisor 5,500 Assessment district management 1,000 Other 4,535 Subtotal Financing Administration $129,545 Subtotal $148,070 Contingencies +10% 14,808 Total Incidental Cost $162,878 Land Acquisition Costs Right -of -Way Acquisition $180,000 R/W documents 6,500 Appraisal services 4,000 Legal expense 9,500 Total Land Acquisition Cost $200,000 Credits Landowner contributions for preliminary surveys (3,878) Total Balance to Assessment $620,000 4 EXHIBIT C ASSESSMENT ROLL CITY OF SARATOGA Vessing Road Assessment District Assessment Number Assessment Amount Parcel Description 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL: 33,934.00 32,057.00 40,785.00 43,271.00 35,111.00 35,111.00 35,111.00 35,111.00 46,743.Q0 32,057.00 32,057.00 24,214.00 24,214.00 24,456.00 24,214.00 24,214.00 24,214.00 24,214.00 24,456.00 24,456.00 620,000.00 397 -06 -055 397 -05 -031 397 -05 -029 397 -06 -054 3977-06 -046 397 -06 -045 397 -06 -028 397 -06 -037 397 -06 -048 397 -05 -039 397 -05 -041 397 -05 -067 397 -05. -085 397 -05 -086 397 -05 -087 397 -06 -111 397 -06 -110 397 -06 -109 397 -06 -108 397 -06 -030 10/21/97 Page 1 6 EXHIBIT D VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA METHOD OF SPREAD The amounts to be assessed against the parcels of property to pay the costs and expenses of the work and improvements have been based on the estimated benefits to be derived by the various properties within the assessment district from the proposed improvements. The total assessment to be levied against any parcel of land in the district shall be the sum of the amounts determined by the following: A. Basic Street Improvements (Item 1) The cost of constructing street improvements along Vessing Road and Vessing Court including, but not necessarily limited to grading, paving, land acquisition, local surface drainage facilities, utility relocations and minor traffic signage shall be assessed as follows: 1. Special Benefit Vessing Road and Vessing Court together form a cul -de- sac approximately 1,250 feet in length. The only purpose of the streets is to provide access to properties fronting either Vessing Road or Vessing Court. The basic street improvements described above provide special and direct benefit to all parcels dependent on Vessing Road for vehicular ingress and egress from Quito Road. The street improvements will eliminate existing broken pavement and potholes which are considered a nuisance and which could pose a potential safety hazard. Additionally, the improved street surface and the addition of a new drainage inlet will provide for improved local drainage conditions. Accordingly, the costs of said improvements will be distributed equally to all properties within the district. 2. General Benefit Vessing Road and Vessing Court constitute a "dead -end" street which provides for neither "thru- traffic" or general vehicular circulation. Because they provide only for local traffic, it can be fairly assumed that vehicles utilizing either Vessing Road or Vessing Court do so to access one or more of the several properties within the district. Whether the purpose of vehicle trips along these streets is for direct access to individual properties by residents and guests, or results from delivery, service, utility or public safety vehicles, the trips are of direct and specific benefit to the parcels within the district and no benefit is attributable to other properties in the surrounding community or to the public in general. 4 B. Frontage Improvements (Item 2) The cost of concrete curb and gutter shall be spread in accordance with benefit received as follows: 1. Special Benefit The construction of curb and gutter is typically required along individual property frontages when streets are improved to City standards. Such construction, together with other improvements (such as sidewalks) are commonly referred to as "frontage improvements The construction of curb and gutter will also contribute to improved drainage along the fronting properties. Even if Vessing Road and Vessing Court were not strictly local streets (see Paragraph Al, above), the benefit of frontage improvements would be attributable as a special benefit to the immediate fronting property. Accordingly, the cost of concrete curb and gutter shall be spread to_ benefitting properties in the ratio that the length of each parcel's improved street frontage bears to the total length of parcel frontage on improved streets within the project. Excepting that parcels having previously constructed comparable frontage improvements shall not be assessed and their frontages shall not be included in the computation of the distribution ratios. 2. General Benefit Historically, it has been the practice throughout California to associate frontage improvements with the individual property even on major thoroughfares. In the case of non -local streets, general benefit is usually ascribed to "arterial improvements" (such as travel lanes, traffic signals, medians, etc.) which are necessary for community-wide or regional traffic circulation. In contrast, frontage improvements are of direct benefit to the parcels within the district and no general benefit is attributable to other properties in the surrounding community or to the public in general. C. Water System Improvements (Item 3) The total cost of constructing water system improvements shall be spread to the benefitting parcels as follows: 1. Water Main Extension The cost for the extension of the water distribution main in Vessing Road between Vessing Court and Quito Road (including pipelines, valves, fire hydrants, and connections to the existing distribution system) shall be spread to each parcel within the service area of the new fire hydrant on an equal basis. 5 (a) Special Benefit The principal purposes for the extension of the water main (to be operated by San Jose Water Company) is to improve fire suppression flow and increase system redundancy for residential properties along Vessing Road. All benefit is specific to those parcels situated along either side of Vessing Road between Vessing Court and Quito Road. (b) General Benefit The water main extension is totally within the district and no quantifiable general benefit is attributable to other properties in the surrounding community or to the public in general. 2. Relocation of Water Services The cost-for installation of new metered water services and retirement of existing service connections shall be spread to each parcel receiving a new metered service on an equal basis. (a) Special Benefit All ben_ efit is specific to those parcels receiving new metered services. (b) General Benefit There is no general benefit to any parcels other than those receiving new metered service connections. D. Rights -of -Way (Item 4) The cost for acquisition of rights -of -way shall be spread to all properties within the district in the same proportions as the costs for Item 1 Basic Street Improvements. The assignment of special and general benefits for rights -of -way are also consistent with those for Item 1. E. Incidental Costs (Item 5) The cost of incidental expenses spread to the various parcels within the district shall be the sum of the following: 1. Street Construction Related Costs Incidental expenses (such as design engineering and other professional services) identified as related to the construction of street improvements shall be spread in the ratio that each parcels' aggregate assessment for Items 1 and 2 bears to the total of assessments for Items 1 and 2 for all parcels in the district. The assignment of special and general benefits incidental costs related to the street construction shall be the same and in the same proportions as those for their corresponding items for improvement. 2. Water System Related Costs Incidental costs (including design engineering and tax gross -up expense) identified as related to the construction of water system improvements shall be spread in the ratio that each parcel's aggregate assessment for Item 3 bears to the total of assessments for Item 3 for all parcels in the district. The assignment of special and general benefits for incidental costs related to water system elements shall be the same and in the same proportions as those for their corresponding items of improvement. 3. Financing and Administrative Related Incidental Costs Incidental expenses (such as assessment engineering, bond counsel and bond costs) identified as related to the financing of the works of improvement shall be spread in the ratio that each parcel's total assessment for Items.1 through 4 (inclusive) bears to the total of assessments for Items 1 through 4 (inclusive) for all parcels in the district. The assignment of special and general benefits for financing and administrative incidental costs shall be the same and in the same proportions as those for their corresponding items of improvement. F. Credit for Preliminary Survey Costs (Item 6) Funds for the initial design surveys were advanced by voluntary contributions from sixteen property owners within the district. A total of $3,525 was expended for this purpose. Credits, including allowances for the 10% contingency mark -up ($352) shall be distributed equally to all properties having advanced funds for this purpose. All credits are for local special benefit. EXHIBIT E Page 1 N PROPERTY OWNERS' LIST CITY OF SARATOGA Vessing Road Assessment District ASSESSMENT NUMBER(S) NAME AND ADDRESS OF OWNER 1 Arthur W. Dana Jr. (APN: 397 -06 -055) 18500 Vessing Road Saratoga CA 95070 2 Thomas H. Gurnee (APN: 397 -05 -031) 18545 Vessing Road Saratoga CA 95070 3 Austin M. Barbara J. Kilburn (Tr.) (APN: 397 -05 -029) 18531 Vessing Road Saratoga CA 95070 4 Paul Livia Hug (Tr.) (APN: 397 -06 -054) 18540 Vessing Road Saratoga CA 95070 5 Thomas F. Bonnie L. Mueller (APN: 397 -06 -046) 18564 Vessing Road Saratoga CA 95070 6 Douglas A. Jonathan (APN: 397 -06 -045) 18584 Vessing Road Saratoga CA 95070 7 Dan Manju Banerje (Tr.) (APN: 397 -06 -028) 18594 Vessing Road Saratoga CA 95070 8 Donald H. Shirley J. Hambey (Tr.) (APN: 397 -06 -037) 18600 Vessing Road Saratoga CA 95070 9 Clinton 0. Lois M. Lindseth (Tr.) (APN: 397 -06 -048) 18620 Vessing Road Saratoga CA 95070 10 Kurt P. Gutenberg /Karen E. Louie (Tr.) (APN: 397 -05 -039) 18579 Vessing Road Saratoga CA 95070 11 Abe Maureen A. Piramoon (APN: 397 -05 -041) 18557 Vessing Road Saratoga CA 95070 12 James G. Sandra S. La Maack (APN: 397 -05 -067) 18601 Vessing Road Saratoga CA 9.5070 EXHIBIT E PROPERTY OWNERS' LIST CITY OF SARATOGA Vessing Road Assessment District ASSESSMENT NUMBER(S) NAME AND ADDRESS OF OWNER 13 Michael A. Carol S. Van Buskirk (APN: 397 -05 -085) 18653 Vessing Court Saratoga CA 95070 14 Donald E. Barbara G. McKenzie (Tr.) (APN: 397 -05 -086) 18681 Vessing Court Saratoga CA 95070 15 Stephen A. Sandra S. Moore (APN: 397 -05 -087) 18691 Vessing Court Saratoga'CA 95070 16 Glenn Brenda Yamasaki (APN: 397 -06 -111) 18668 Vessing Court Saratoga CA 95070 17 Bruce A. Thompson (Tr.) (APN: 397 -06 -110) 18656 Vessing Court Saratoga CA 95070 18 John L. Lucy F. Huang (APN: 397 -06 -109) 18644 Vessing Court Saratoga CA 95070 19 James A. Marlene L. Tate (APN: 397 -06 -108) 18632 Vessing Court Saratoga CA 95070 20 Barbara G. McKenzie (APN: 397 -06 -030) 18680 Vessing Court Saratoga CA 95070 Page 2 END OF LIST EXHIBIT F ASSESSMENT DIAGRAM THE ASSESSMENT DIAGRAM, ALTHOUGH NOT BOUND TO THIS REPORT, IS A PART OF THIS REPORT. t :I1: VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA GENERAL DESCRIPTION OF RIGHTS -OF -WAY TO BE ACQUIRED 1. 14521 Quito Road (A.P.N. 397 -05 -021): The Southerly 17 feet of property as described in Legal Description recorded May 20, 1913 in Book 403 of Official Records, page 389. 2. 18545 Vessing Road (A.P.N. 397 -05 -029): The Southerly 17 feet of property as described in Legal Description recorded May 20, 1913 in Book 403 of Official Records, page 389. 3.19540 Vessing Road (A.P.N. 397 -06 -054): The Northerly 17 feet of property as shown on Record of Survey recorded September 2, 1960 in Book 125 of Maps, page 9. 4. 18620 Vessing Road A.P.N. 397 -06 -048): The Northerly 17 feet. of property as shown on Record of Survey recorded October 31, 1960 in Book 127 of Maps, page 5. EXHIBIT H PROPOSED ANNUAL ASSESSMENT PER PARCEL FOR EXPENSES IN CONNECTION WITH THE REGISTRATION OF BONDS VESSING ROAD ASSESSMENT DISTRICT CITY OF SARATOGA, SANTA CLARA COUNTY, CALIFORNIA Pursuant to Section 8682.1 of the Streets and Highways Code of the State of California, the Auditor will annually enter in the assessment roll on which taxes will next become due, opposite each lot or parcel of land, each lot's or parcel's pro rata share of the annual expenses of the City in connection with the registration of bonds. Such expenses will include the amount or estimated amount necessary to pay the fees and charges coming due during the fiscal year covered by the assessment roll of corporate or other authenticating agents, transfer agents, registrars, paying agents, agents engaged to assist in complying with federal arbitrage requirements or other agents of the City. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: January 21, 1998 ORIGINATING DEPT.: Administrative Services AGENDA ITEM r 7 CITY MANAGER SUBJECT: Amended Proposal for Replacement of Workstations Recommended Motion(s) Approve the replacement of existing workstations (panels, work surfaces and filing/storage capacity) in the Finance Office in accordance with an amended, scaled back plan provided by Space Designs, Inc. for $8,981.00. Report Summary Background: City Council first considered this proposal on December 3, 1997. The original agenda item (813) is attached as Exhibit #1. As noted in the Executive Summary for the December 3 agenda item, three main concerns compelled the City's former Administrative Services Director to accept the lowest bid of $10,374.31 for this project from Space Designs, Inc. Those concerns were: (1) the critical need for additional filing and storage capacity, (2) the addition of one employee into the office area, (3) important accommodations for persons with disabilities. The City's auditors shared the concern about the shortfall in capacity and organization of the City's financial records. Immediately after the $10,374.31 bid from Space Designs, Inc. was accepted, three purchase orders were issued referring to the three primary components of the plan: panels ($3,899.94), work surfaces ($2,205.00), and filing/storage capacity ($4,269.37). In addition, a check in the amount of $4,269.37 was issued to Space Designs, Inc. on October 30, 1997 to secure the filing and storage components of the plan. Discussion: During its December 3, 1997 meeting, Council took no action on the agenda item (813) pertaining to this proposal and directed that staff come back with a more cost effective solution to address the concerns stated above. Since the three purchase orders and one check had already been issued, and since Space Designs, Inc. asserted that it had reasonably relied upon those documents and actions as authorization to proceed with placing the orders for various components of the plan, it became apparent to staff that negotiations would have to be held solely with Space Designs, Inc. to accommodate the need to pare costs. Those negotiations occurred on December 12, 1997. Space Designs, Inc. submitted a revised proposal, which is attached as Exhibit #2. Please note that one entire set of panels and shelving have been removed. These were the panels and shelving which had been intended to segregate work space for auditors or employees conducting research using various financial documents or records. As a result of the removal of these components, the cost of the proposal from Space Designs, Inc. was revised downward to $8, 981.00. This is $1,393.31 less than its original bid. Fiscal Impacts: Sources of funding: 270- 9010 6224010 2,317.04 (panels) 001- 1060 -513 -4010 2,864.21 (work surfaces) 001 -1055- 613 -6004 3,799.75 (filing/storage units) Total 8,981.00 These funds have balances sufficient to absorb the expenditures as allocated above without affecting any other operational plans. Follow Up Action(s): Cancel the three purchase orders issued previously and replace them with one purchase order to Space Designs, Inc. in an amount not to exceed $8,981.00. Complete the transaction and surplus existing workstations and filing systems. Consenuences of Not Acting on Recommended Motion(s): As mentioned above, a check in the amount of $4,269.37 down payment was made to secure filing and storage components. If Council chooses not to grant approval of this revised workstation replacement proposal in its entirety, the down payment may become a sunk cost. Any effort to pursue a refund from Space Designs, Inc. will likely be challenged by the vendor. Space Designs, Inc. may assert that it compensates the firm for the costs of design work and materials requisitioned to date, all of which were incurred under a reasonable expectation that the City authorized it to do so. Attachment(s): Exhibit 1: December 3, 1997 Agenda Item 81=1 Exhibit 2: Revised Proposal from Space Designs, Inc. a SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: December 3, 1997 CITY MANAGER r ORIGINATING DEPT.: Administrative Services SUBJECT: Proposed Replacement of Workstations Recommended Motion(s) Approve the replacement of existing workstations (panels, work surfaces and filing/storage capacity) in the Finance office in accordance with a plan provided by Space Designs, Inc. for $10,374.31. Report Summa During the FY 1996 -97 annual audit and concurrent reorganization effort in the City of Saratoga, it became evident to the City's former Administrative Service Director that the use of space within the Finance office failed to deal with: (1). the critical need for additional filing and storage capacity, (2) the addition of one employee into the office area. and (3) important accomodations for persons with disabilities. The City's external auditors concurred with the observation that financial records would remain difficult to access without additional capacity and attention to organization. During the month of September 1997, bids for replacement work stations and filing systems were received from Space Designs, Inc. and Curtis Trading Company. Space Designs, Inc. offered the lowest bid of $10,374.31. The plan provided by Space Designs, Inc. (copy attached) illustrates how the concerns listed above would be addressed. In addition, a small table would fit in front of the safe for auditors or employees to use when working with documents in the Department. ADA- related accomodations would be provided in the form of the proposed handrail supports incorporated into the plan. Fiscal Impacts: Sources of funding: 270 9010 -622 -4010 3,899.94 001 1060 -513 -4010 2,205 -00. 001 1055 -613 -6004 4,269.37 Total $10,374.31 These funds have balances sufficient to absorb the expenditures as allocated above without affecting any other operational plans. Follow Up Action(s): Complete transaction and surplus existing workstations and filing systems Consequences of Not Acting on Recommended Motion(s): A $4,269.37 downpayment was made to secure filing and storage components. If Council chooses not to grant approval of this workstation replacement proposal in its entirety, the downpayment may be applied to a scaled -back approach to address these pressing concerns. Attachment(s): Space plan by Space Designs, Inc. Vii I,. w IV Plan Pg 1 of 1 Scale 1/8 0 Components software wader gogie "am Lem Cbi Incoor ratod. .WA(VI .1) OFFICE 00106 Dood0plilr4ag pm. Wisdow CONNECTORS SLC I T-Conname -0 WaNswip Expanded CON i4rdSud Mul"al or Er4cop ShomaiewyPabileUvowiv 0 Column ft ATTACHED couromEwre (Lever on Panel look MOI"I" abovAh"a view It available) Workourisce 24• E 'J 3 o• 1 contmems Ro%n F Counter cap c CandhaverwiLbraftot 1—C E*Pi O Comer CoMt Clp a BrA Grackollut (p GA691no Pble 4a Podatal or Drawer Worksu"sce suppen FlIppot. or Shah Whhoul LISIst whh L*ht 740bosid 12 16 FREESTANDING COMPONENTS Cuaggoods ff-19 Chair 3' LL 3 3*1 21 Plan Pg 1 of 1 Scale 1/8 0 Components software wader gogie "am Lem Cbi Incoor ratod. .WA(VI .1) OFFICE 00106 Dood0plilr4ag pm. Wisdow CONNECTORS SLC I T-Conname -0 WaNswip Expanded CON i4rdSud Mul"al or Er4cop ShomaiewyPabileUvowiv 0 Column ft ATTACHED couromEwre (Lever on Panel look MOI"I" abovAh"a view It available) Workourisce 24• E 'J 3 o• 1 contmems Ro%n F Counter cap c CandhaverwiLbraftot 1—C E*Pi O Comer CoMt Clp a BrA Grackollut (p GA691no Pble 4a Podatal or Drawer Worksu"sce suppen FlIppot. or Shah Whhoul LISIst whh L*ht 740bosid 12 16 FREESTANDING COMPONENTS Cuaggoods ff-19 Chair It 4159648026 2490 Charleston Road Mountain View, CA 94043 Phone 650.960.1500 Fax 650.964.8026 Bill To: City of Saratoga 13777 Fruitvale Ave., Saratoga, Ca 95070 Attn: Debra Larson SPRCE DE516NS INC. Space Designs, Inc. Proposal 5990 Stoneridge Drive Pleasanton, CA 94588 Phone 510.734.0773 Fax 510.734.0421 F -857 T -960 P -002 DEC 22 '97 07:07 f 11190 Sun Center Drive Rancho Cordova, CA 95670 Phone 916.638.8818 Fax 916.635.6227 Ship to: City Manager 13777 Fru'itvale, Saratoga, Ca 95070 Attn: Debra Larson Salesperson Project Coordinator Estimated Lead Time Terms Brad Cole, 350 Chuck Heinemann, 329 $7,551.00 Net 20 Proposal Name: Accounting Dept. Proposal Date: 12/12/97 Qty Description Unit Price Extended 1 Accounting_ Dept. Cube's per 2 -Axis Drawings Approved by Client $7,551.00 $7.551.00 Client Initials Sub -Total $7,551.00 Labor $1.430.00 Services TOTAL $8,981.00 Client Acceptance of Proposal, including Tears and Conditions on Page 2 TAX Unless otherwise noted, tax is not included in the total and will be added at invoicing. NOTE: Installation is a taxable item. FREIGHT Freight, if applicable, will be added at invoicing. OPTIONAL SERVICES Data/Telecommunication Cabling: If you would like information and pricing on data/telecommunication cabling, please initial here. Fabric Protection: If you would like information and pricing on fabric protection, please initial here. /F b7bµbr�Go -page Accounting Dept $8,98'!.00 Or-Mk-r- LCD 1 UIVD i INt- 14 6W TERMS AND CONDITIONS 12112/97 City of Saratoga This proposal is subject to and shat) be governed by the terms and conditions on hereof, and shall be void unless accepted by the customer signing a copy and returning it to Space Designs. Ina within 30 days from the date hereof. NET 20 DAYS from the date of invoice Space Designs, Inc. shall make every effort to install all products as quickly as possible; however, any delivery and/or installation dates quoted to customer are approximate and Space Designs. Inc: s obligation shall only be to instill and/or deliver the products within a reasonable time. Also, due to the nature of componentized modular furniture, e.g. uncertain factory shipping schedules, it is possible that Space Designs, Inc. will only be able to deliver and install portions of the job at a time. Therefore, payment shall be made in accordance with the following terms. 1. Products will be invoiced for items on a component parts basis as delivered. Customer must sign all delivery tickets to acknowledge receipt of individual components. Payment is due 20 days thereafter. In no case is payment to be withheld for acceptable products should any portion of the job be unacceptable or undelivered. If any products are unacceptable or undelivered, customer may pay 90% of the invoice amount for those product delivered and acceptable. and withhold 10% until completion of the job: balance is payable 20 days after final delivery. 2. The quotations contained herein are based upon a design and layout prepared by or accepted by Space Designs, Inc and approved by the customer and upon the plans and specifications and existing conditions of the job site. Any services rendered to customer to change or modify the design and layout before or during installation will toe charged to the customer at prevailing rates. If such changes or modifications result in additionalproducts. parts, materials or labor, they will be billed to the customer at prevailing prices. If such changes or modifications result in any products not being used, they may only be canceled or returned to Space Designs, Inc, at its option, and will be subject to a cancellation or restocking charge. 3. Changes, Cancellations, and Returns: Due to the custom nature of the manufacturing process, no change nor cancellation, in whole or in part, may be made after order placement without prior written confirmation from both the manufacturer and Space Designs. Approved changes and cancellations will be subject to cancellation charges as determined by both the manufacturer and Space Designs. No return of goods will be accepted without written consent and shipping instructions from Space Designs. All returns are subject to a restocking fee. Only unused product, in its oftnal shipping container, will be accepted. 4. If the customer is unable or unwilling to accept installation or delivery of mho products according to the specified schedule, the products may be stored at the customers request in Space Designs, Ink's warehouse. In which case the customer shall pay 100% of the invoice price within 20 days. In addition, the customer shall pay a warehouse charge of 2% per month of the invoice price of such products so warehoused, payable monthly. After delivery, the terms stated above shall apply. 5. Installation and Delivery: These services are conducted during the normal business hours of 8:00 a.m. to 5.00 p.m., Monday through Friday, non -union labor. If these services are requested for flute and days other than normal, special handling or equipment required, moving of products other than delivered, or any unusual condition not made known to Space Designs, Inc at the time of sale, will constitute additional labor charges at prevailing rates. Area is to be free and dear of furniture, other trades, debris and other encumbrances. Unless otherwise stated, labor charges do not Include the moving or relocating of other furniture. 6. if during installation, additional products are necessary or required to complete the job, such additional products and the labor to install such products will be charged to the customer at prevailing prices. 7. SPACE DESIGNS, INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED. AS TO THE SUITABILITY OF THE MERCHANDISE FOR ANY PARTICULAR PURPOSE, EXCEPT THOSE MADE BY THE MANUFACTURER OF THE PRODUCTS. Any claim must be made to Space Designs, Inc. in writing within 10 (ten) days after the delivery or installation of the products, and if no claim is so received by Space Designs, Inc., it will be conclusively presumed that customer has accepted the products and that the products are as represented. 8. Space Designs. Inc retains and the customer hereby grants to Space Designs, Inc. a security interest in the products to secure the purchase price. The products shall remain personal property regardless of being affixed to any real property. If the customer defaults in the payment of the purchased price when due, Space Designs, Inc, shall have all rights and remedies granted by the Uniform Commercial Code. A finance charge of 1.5% per month (ANNUAL PERCENTAGE RATE of 18% per annum) will be charged on all past due balances. Customer shall pay all collection costs including a reasonable attom y's fee, in the event the collection of the purchase price or any part thereof is referred to a collection agency or an attorney. 9. Space Designs, Inc. requires a deposit on all orders over 0.000.00 and on all new orders; the percentage to be determined by Space Designs, Inc before any action will be initiated on the customer's behalf. No product will be ordered from any manufacturer nor removed from Space Designs, Int.'s stock for the customer until such deposit is received by Space Designs, Inc Said deposit will be applied to the customers account pro rata as product is delivered and invoiced. Each invoice less its proportionate share of the deposit. will be due and payable subject to the above stated terms and conditions. r o.J Client Acceptance of Proposal, including Page 1 Date 15yb4bUeb 5r'Hl.t Vtb 1 U%:) IN(-. r CD 1-'70U r s System Miller SQA incorporated, a Herman Miller Company omer Name ce Designs, Inc.; *,r *,r,r *r xwu* PARTS ORDER LIST :xxx,r *r�rx +t• *r Brad Cole x350 Vz�_ cc :21 W i tJ0 Fabrics Finishes a, nd Options Q Panel: Q Finish: LG Light Grey BL03 Sherman Pewter Q worksurface Finish: J5 Frosted Innertone Q Tackboard Finish: SL03 Mango 0 Connector: Hard Surface Q Flipper Door: BG06 Liberty Q Floor DataPort: No Q Flipper Front: Fabric Q Power: None Qty Mfg Product Number Description Each Total 3 MSQ QPAS6724C1LGBL0 Panel, Tackab =e, Standard 67H x 24W $125.13 $375.39 2 MSQ QPAS6730CiLGBL03 Panel, Tackab_e, Standard 67H x 30W $138.25 S276 -50 3_ MSQ QPAS6736C1LG13L03 Panel, Tackable, Standard 67H x 36W S158.38 $475.14 2 MSQ QPAS6742CiLGBL03 Panel, Tackab•-e, Standard 67H x 42W $168.88 $337.76 1 MSQ QPAS6748CiLGBL03 Pane3, Tackab'_e, Standard 67H x 48W $178.50 $178.50 1 MSQ QPAS6760CILGBL03 Panel, Tackable, Standard 67H x 60W $197.75 $197.75 3 MSQ OCR603OLGJS Work Si rface, Conferencing Return 60W $206.50 $619.50 x 30D 3 MSQ QCRC Corner Support Clip $0.00 $0.00 3 MSQ QCWS3624J5 Work Surface, Corner 36W x 24D $147.00 $441.00 3 MSQ QFLF24LGBG06 Flipper Unit Fabric, 24W x 13D $101.50 $304.50 3 MSQ QFLF36LGBG06 Fli,ppex Unit Fabric, 36W x 13D $115.50 $346.50 3 MSQ QGPL Ganging Plate $0.00 $0.00 6 MSQ QLBK L Bracket $0.00 $0.00 3 MSQ QSTLT24LG Task T,'ght 24W $33.25 $99 -75 3 MSQ QSTLT36LG Task Light 36W $39.38 $118.14 3 MSQ QTB1224SL03 Tackboard, 12Hx24W $23.63 $70.89 3 MSQ QTB1236SL03 Tackboard, 12hx36W $27.13 $81.39 3 MSQ QWS2424J5 Work Surface, Standard 24W x 24D $67.38 $202.14 2 MSQ QWS6024JS Work Surface, Standard 60W x 24D $125.13 $250.26 1 MSQ QWS6624JS Work S;-rface, Standard 66W x 24D $136.50 $136.50 6 MSQ QWSBK End Bracket Kit $0.00 $0.00 10 MSQ QWSCL Cantilever wiC.h 1, Bracket $8.75 $87.50 1 MSQ QCNM267LO Connector., Two way 90 Hard Surface $33.25 $33.25 67H 1 MSQ QCNK367LG Connecr-or, Three Way Hard Surface 560.38 S60.38 67H 4 MSQ QFE67LG Connector, Finished End Kit 67H $13.13 $52.52 6 MSQ QSLC67 Connector, Straight Line 67H $5.25 $31.50 3 MSQ QTC67LG Wall Starr. 67;I $19.25 $57.75 9 MSQ QWST67LG Wall S=rip 67(= $20.13 $181.17 3 MSQ QLF236LG Freestanding Lateral File, 2 high, $288.75 $866.25 27F.x6W, Finish:Light Grey 2 MSQ QLF542LG Freestanding Lateral File, 5 high, $609.00 $1218.00 641 --12W, Firish:Light Grey SPACE DE51 uN5 IM- r -oz) r i -�ou F ome System Miller sQA Incorporated, a Herman Miller Company page 2 r Name ce Designs, Inc.; Brad Cole x350 x PARTS ORDER LIST Qty Mfg Product Number Description Each Total 2 MSQ QMP661224LG Mobile Pedestal, 24D box /box /file, $225.75 $451.50 Finisft:Lighr Grey Custcmer Sell Price excluding tax: (Published Price: $8630.00) S'7551.43 Office Designed 12 -12 -1997 9oEtvare under lie=u £zom L— kp*r�ky Chi Ineozpozwtsd, Sraeele, WA IV16.1) 107b4bb,:�b SPHCt Dt51GN5 INC. N F 857 T -960 P 006 2 _.......__1011• —3 i a •a 1e:e- 2 I 27• ...a'..................... 12'4 Plan Pg 2 of 3 Scale 1!8 =1' Q Components Software under 1leenso from Lembetskr Chi Incorrppoorated, Seattle• WA (V16,1► DEC 22 '97 07:09 L. OFFICE Outbne OoedOponing Window Column CONNECTORS SLO 1 T Connocior G Wall$* i Expanded CON Nresort Muni -way or Enacap W Shormn Pwtr Fabric Mu1Gway 13 ATTACH20 COM PONENTS (Letter on Psee1 run indleates elevation view is avaaabha) Worhsurfaes 2e• SO• i Conference Return Counter Cap Cantilever *I:- bracket c-': 1 Wi 2L brackals I' Corner Cantor Clip o End Staoltot Kit r.;r Ganging Plavo e:- Pedestal or Drawer Werkaartacs Supper; U Flipper. or Shelf without Light with Light Tackboard Q 16 FREESTANDING COMPONENTS Casegoods Chair SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: JANUARY 21, 1998 ORIGINATING DEPT.: CITY ATTORNEY AGENDA ITEM CITY MANAGER: 1 0 DEPT. HEAD: SUBJECT: Introduction of revised Anti Loitering Ordinance RECOMMENDED MOTION(S): Move to introduce the Ordinance by title only, waiving further reading. REPORT SUMMARY: Attached is a draft of the revised Anti- Loitering (Curfew) Ordinance prepared by the City Attorney. Since the Council first discussed the Ordinance on December 9, the City Attorney has reviewed Cupertino's Ordinance for compatibility since the Sheriff has enforcement responsibility in both cities. As a result of this review, the City Attorney has modified the times when a curfew would be in effect from what existed in the initial draft to be consistent with Cupertino's Ordinance. The details of this are spelled out in the City Attorney's attached memo dated December 11. In order to resume enforcement of curfew and anti loitering laws in Saratoga, it is recommended that the Ordinance before you be adopted. This is done by first introducing the Ordinance at next week's meeting, and then adopting the Ordinance on February 4. The Ordinance would then become effective on March 6. FISCAL IMPACTS: None anticipated. The costs to enforce the Ordinance are already built into the Sheriffs contract. J ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. A summary of the Ordinance will be published in the Saratoga News after its introduction and adoption. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The Ordinance would not be introduced and could therefore not be adopted on February 4. Until such time as a new Ordinance is adopted, the Sheriff will not enforce curfew laws in Saratoga. FOLLOW UP ACTIONS: Adoption of the Ordinance will be placed on your February 4 meeting agenda. ATTACHMENTS: 1. Draft Ordinance. 2. Memo from City Attorney dated December 11. 3. Memo from City Attorney dated September 16. ORDINANCE NO. 71- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING SECTION 6- 15.020 OF THE SARATOGA MUNICIPAL CODE AND ADDING ARTICLE 6 -20 TO THE SARATOGA MUNICIPAL CODE RELATING TO CURFEW REGULATIONS The City Council of the City of Saratoga does hereby ordain: Section r Section 6- 15.020 of the Saratoga Municipal Code is hereby repealed. Section 2 Article 6 -20 is hereby added to the Saratoga Municipal Code to read as follows: "Article 6 -20 Curfew Regulations and Offenses Affecting Minors Section 6- 20.010 Purpose. The City Council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. Section 6- 20.020 Definitions. The following definitions shall govern the application and interpretation of the curfew regulations set forth in this Article. a. Curfew hours means: (1) the period from 10:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. the following morning; and (2) The period from 12:01 A.M. until 6:00 A.M., on any Saturday or Sunday. 1 i b. Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any situation requiring immediate action to prevent serious bodily injury or loss of life. C. Establishment means any privately -owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment. d. Guardian means (a) a person who, under court order, is the guardian of the of a minor; or (b) a public or private agency with whom a minor has been placed by a court. e. Minor means any person under eighteen (18) years of age. f. Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. g. Parent means a person who is a natural parent, adoptive parent or adult step parent of a minor. h. Responsible adult mans a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. i. Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds, and the out -of -doors common areas of establishments, hospitals, apartment houses, office buildings and schools, including but not limited to entry ways and parking lots. j. Remain means (a) linger, stay or be present whether on foot or in a vehicle; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. k. Errand means a trip to carry a message or do a definite thing that requires a movement from place to place. Section 6 -2.030 Violation of Curfew. It shall be unlawful for: 2 (a) any minor to be or remain in or upon any public street, highway, park, vacant lot or other public place during curfew hours; or (b) any owner, operator or employee in charge of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours; or (c) any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. Section 6 -2.040 Exceptions to Curfew Regulations. (a) The provisions of Section 6- 20.030 shall not apply when: (1) The minor is accompanied by his or her parent or parents, legal guardian, or responsible adult approved by the minor's parent or legal guardian; (2) The minor is engaged in an errand directed by his or her parents, legal guardian, or other person having the legal care or custody of the minor, without detour or delay; (3) The minor is going directly between his or her home and place of employment without detour or delay. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment, provided the minor carries a written statement from the employer attesting to the place and hours of employment. (4) This minor is attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay. This exception will apply for one -half hour after the completion of the event. (5) The minor is responding to or acting pursuant to an emergency. (6) The minor is in a motor vehicle involved in interstate travel, or other travel not in violation of this Article. 3 i (7) The minor is on the sidewalk abutting the minor's residence, providing the minor is not otherwise violating the law. (8) The minor is married or has been emancipated in accordance with the California Family Code or other applicable law. (9) The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of peaceful assembly. (b) It is a defense to prosecution under Section 6- 20.030(b) above, that the owner, operator or employee in charge of an establishment promptly notified the sheriffs department that a minor was present on the premises of the establishment during curfew hour and refused to leave. Section 6- 20.050 Temporary Detainment:. (a) A sheriffs deputy, upon reasonable cause based on articulable facts that a minor is in violation of the curfew regulations, shall detain the minor and investigate to determine if the minor has a legitimate reason based on extenuating circumstances for being in apparent violation of the curfew regulations. (b) If the detaining sheriffs deputy has reasonable cause to believe that a minor is in violation of the curfew regulations, and is not in violation of any other law, the deputy shall release the minor to his or her parent or legal guardian either at the scene of the detention, at the minor's permanent or temporary home, at the sheriffs substation, or elsewhere at the direction of the parent or legal guardian, as is reasonably attainable. Section 6- 20.060 Procedure After Temporary Detainment. Upon the first violation of the curfew regulations, the sheriffs deputy shall issue to the minor a warning citation regarding the consequences of a second violation as described in Section 6- 20.070. The sheriff shall mail to the parents or legal guardian of the minor a copy of the citation and notification that upon a second violation the parents or legal guardian may be held liable for actual administrative and transportation costs. This notice shall require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to an applicable exemption for the fee set forth in Section 6- 20.070. M Section 6- 20.070 Curfew Violation Fees. (a) Fees for the actual costs of detention, transportation and administrative services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. (b) Upon petition of the person required to pay the fee, the sheriff shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee upon a finding of good cause under the following circumstances: 1. Upon a determination that the responsible person has made reasonable efforts to exercise supervision and control over the minor; 2. Upon proof that neither the minor nor his or her parents or legal guardian has the financial ability to pay the fee; 3. Upon a determination that performance of community service should be required in lieu of imposition of the fee; 4. Upon a determination that the parent or legal guardian has limited physical or legal custody and control of the minor. (c) Fees imposed pursuant to this Section shall be deemed a civil debt owing to the City as set forth in Section 3- 10.010 of this Code. (d) The imposition of any fees pursuant to this Section shall be in addition to any other rights, remedies or actions available to the City by reason of the same violation, including the imposition of penalties as set forth in Section 6- 20.080. Section 6- 20.080 Violation Penalties. A violation of any of the provisions set forth in Sections 6- 20.030 through 6- 20.070 constitute infractions punishable as prescribed in Section 3- 05.010 of this Code." Section 3 This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. 5 The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of 1997 by the following vote. AYES: NOES: ABSENT: MAYOR ATTEST: City Clerk MSR:dsp December 11, 1997 F:\WPD\MNRSW\273\ORD.97\CURFEW.ORD rel MICHAEL R. NAVE STEVEN R. MEYERS ELIZABETH H. SILVER MICHAEL S. RIBACK KENNETH A. WILSON DAVID W. SKINNER STEVEN T. MATTAS CLIFFORD F. CAMPBELL MICHAEL F. RODRIQUEZ KATHLEEN FAUBION, AICP RICK W. JARVIS LARISSA M. SETO DEBBIE F. LATHAM WAYNE K SNODGRASS ARNE B. SANDBERG BENJAMIN P. FAY DANIEL A MULLER LIANE M. RANDOLPH PATRICK WHITNELL KATHARINE G. WELLMAN MEYERS, NAVE, RIBACK, SILVER WILSON A PROFESSIONAL LAW CORPORATION GATEWAY PLAZA 777 DAVIS STREET, SUITE 300 SAN LEANDRO, CALIFORNIA 94577 TELEPHONE: (510) 351 -4300 FACSIMILE: (510) 351 -4481 NORTH BAY OFFICE 555 FIFTH STREET, SUITE 230 SANTA ROSA, CA 95401 TELEPHONE: (707) 545 -8009 FACSIMILE: (707) 545 -6617 CENTRAL VALLEY OFFICE 5250 CLAREMONT AVENUE STOCKTON, CA 95207 TELEPHONE: (209) 951 -4080 FACSIMILE: (209) 951 -3009 MEMORANDUM OF COUNSEL ANDREA J.SALTZMAN CERTIFIED APPELLATE SPECIALIST TO: City Council City Manager City of Saratoga FROM: Michael S. Riback City Attorney RE: Revisions to Proposed Curfew Ordinance DATE: December 1997 At the presentation of the proposed Curfew Ordinance to the City Council at its adjourned meeting of December 9, the Council directed that the City Attorney review the Cupertino Curfew Ordinance to determine whether the two ordinances are compatible for enforcement purposes, since the Sheriff has enforcement responsibility in both cities. I have reviewed. the Cupertino Ordinance and compared it to the proposed ordinance. As a result, I have made one substantive modification to the proposed ordinance, relating to curfew hours: to establish curfew hours as the period from 10 P.M. to 6 A.M. from Sunday night through Friday morning, and from 12:01 A.M. to 6 A.M. on any Saturday or Sunday. The remaining portions of the proposed ordinance are consistent with the Cupertino Ordinance. The proposed ordinance does contain one provision that is not found in the Cupertino Ordinance. That provision directs the Sheriff to treat a first violation of the Curfew Ordinance by simply releasing the minor to his/her parent or guardian and issuing a warning citation to the minor regarding the consequences of a second violation. The FA TO: City Council, City Manager FROM: Michael S. Riback, City Attorney RE: Revisions to Proposed Curfew Ordinance DATE: December 11, 1997 PAGE: 2 parents also receive a copy of the citation and notification that they may be held liable for administrative and transportation costs for a second and subsequent violations. The ordinance also provides a procedure for a parent to appeal the imposition of any fee or cost. As Captain Wilson indicated at the December 9 adjourned meeting, this provision places greater responsibility upon the parent or guardian to exercise supervision and control over the minor. I will be happy to discuss the ordinance further with the Council at a future Council meeting. Michael S. Riback City Attorney MSR:dsp F:\WPD\MNRSW\273\01\MEMO\DEC97\CURFEW.DI 1 MEYERS, NAVE, RIBACK, SILVER WILSON MICHAEL R. NAVE A PROFESSIONAL LAW CORPORATION STEVEN R. MEYERS NORTH BAY OFFICE ELIZABETH H. SILVER MICHAEL S. RIBACK GATEWAY PLAZA 555 FIFTH STREET, SUITE 230 KENNETH A. WILSON 777 DAVIS STREET, SUITE 300 SANTA ROSA, CA 95401 DAVID W. SKINNER TELEPHONE: (707) 545 -8009 STEVEN T.MATTAS SAN LEANDRO, CALIFORNIA 94577 FACSIMILE: 17071545 -6617 CLIFFORD F. CAMPBELL TELEPHONE: (510) 351 -4300 MICHAEL F. RODRIQUEZ KATHLEEN FAUBION, AICP FACSIMILE: (51 O) 351-4481 CENTRAL VALLEY OFFICE RICK W. JARVIS LARISSA M. SETO 5250 CLAREMONT AVENUE DEBBIE F. LATHAM STOCKTON, CA 95207 WAYNE K SNODGRASS TELEPHONE: 12091 951 -4080 ARNE B. SANDBERG FACSIMILE: 12091 951.3009 BENJAMIN P. FAY DANIEL A MULLER LIANE M. RANDOLPH OF COUNSEL MEMORANDUM ANDREA J.SALTZMAN CERTIFIED APPELLATE SPECIALIST TO: Bob Wilson, Captain DATE: September 16,-1997 Santa Clara County Sheriff FROM: Mike Riback, City Attorney City of Saratoga RE: Curfew Ordinance I. Issue Presented In light of the recent ruling in Nunez v. City of San Diego we have reviewed the Saratoga curfew ordinance to determine its validity. II. Brief Conclusion The Saratoga curfew ordinance is likely invalid and not enforceable. The ordinance contains provisions similar to those in the ordinance struck down in Nunez Specifically, a court following Nunez would likely hold that the Saratoga ordinance is unconstitutionally vague and overly restrictive of protected First Amendment expression. To preserve the validity of the ordinance, the prohibited conduct should be more specifically defined, and several exceptions should be included. In addition, the ordinance should explicitly state the purpose of the curfew, along with some evidentiary findings, in a "Findings" or "Whereas" section. 1 114 F.3d 935 (9th Cir. 1997). TO: Bob Wilson, Captain, Santa Clara County Sheriff FROM: Michael S. Riback, City Attornev RE: Curfew Ordinance DATE: September 16, 1997 PAGE: 3 preferable to more general terms such as "to be present" or "remain However, Nunez made clear that terms without precise definition, such as "loiter allow the police too much discretion in enforcing the curfew.' In contrast, two federal decisions have upheld curfew ordinances which used the word "remain" instead of "loiter" .3 In light of these decisions and Nunez Saratoga should eliminate the words "stay, tarry or loiter and retain the word "remain A curfew's exceptions are the "most important consideration" in a court's constitutional analysis of whether the curfew ordinance is narrowly tailored.' The ordinance struck down in Nunez had several exceptions; yet, the Ninth Circuit still found that the exceptions were inadequate. The Saratoga curfew provides only one exception -for minors who are accompanied by a parent or guardian. To ensure consistency with Nunez and other previous cases in which curfew ordinances were upheld, Saratoga should provide additional exceptions for any minor who is: 1. required to be in a public place in connection with some lawful employment activity; 2. in a motor vehicle involved in interstate travel; 3. on an errand at the direction of the minor's parent or guardian, without any detour or stop; 4. going directly to, attending, and returning directly from attending an educational, religious, recreational, or other lawful activity sponsored by the City of 2 Nunez supra, at 7224 (stating that excessive discretion may be an effective enforcement tool, but where the ordinance does not adequately distinguish prohibited and permitted conduct it is impermissibly vague). Another federal case has also held that the terms "loiter" and "wander" were impermissibly vague. U.S. ex rel. Newsome v. Malcolm (2d Cir. 1974) 492 F.2d. 1166, 1172 -73. 3 Outb v. Strauss (5th Cir. 1993) 11 F.3d 488; Bykofsky v. Borough of Middletown (1975) 401 F.Supp. 1242. a utb, supra, at 493 -94. See also Waters v. Barry (1989) 711•F.Supp. 1125, 1134 (characterizing a juvenile curfew ordinance with few exceptions as a "bull in a china shop of constitutional values v TO: Bob Wilson, Captain, Santa Clara County Sheriff FROM: Michael S. Riback, City Attorney RE: Curfew Ordinance DATE: September 16, 1997 PAGE: 5 I have enclosed a draft ordinance to amend the current ordinance consistent with the suggestions in this memo, for your review and comment. Michael S. Riba City Attorney MSR:dsp Enclosure Larry Perlin, Interim City Manager (w /encl. F:\WPD\MNRSW\273\01\MEMO\SEP97\CUR.FEW.724 MINUTES �j J SARATOGA CITY COUNCIL TIME: Wednesday, January 7, 1998 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting SPECIAL MEETING 6:30 p.m. in Administration Conference Room, 13777 Fruitvale Avenue Interview with Parks and Recreation Applicant Richard Bicknell CLOSED SESSION 6:45 p.m. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) in two cases. REGULAR MEETING 7:30 p.m. in Civic Theater, 13777 Fruitvale Avenue Mayors Report- on Closed Session Mayor Wolfe reported that no action had been taken. Pledge of Allegiance Led by Councilmember Shaw. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Shaw, Moran, and Mayor Wolfe were present. Also present were City Manager Perlin, Interim Administrative Services Director Larson, City Attorney Riback, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Proclamation honoring Chris R. Stuehler, Saratoga Fire District Firefighter of the Year Chief Ernie Kraule and Fire Captain Steve Sporleder joined Mr. Stuehler as he accepted the proclamation. B. Introduction of Naoya Wada, Japanese Exchange Student sponsored by Saratoga Rotary David Montoya, representing the Rotary Club, introduced Mr. Wada, who made a short speech and exchanged gifts with Mayor Wolfe. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 31. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS F. L. Stutzman encouraged the Council to adopt the resolution concerning the Bear Creek Redwoods Regional Preserve. (Clerk's note: See Item 7.A.) B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS None. 6 �&ZsjZRY24 k M034O:I61Aca A. Previously Discussed Items None. B. New Items Councilmember Bogosian removed Item 4. SHAW /JACOBS MOVED TO APPROVE THE CONSENT CALENDAR EXCEPT FOR ITEM 4. passed 5 -0. 1) Planning Commission Actions, 12/24 No meeting. City Council Minutes 2 January 7, 1998 2) Finance Advisory Committee Minutes, 10/7 Note and file. 3) Parks and Recreation Commission Minutes, 11/3 Note and file. 4) Approval of Check Register Councilmember Bogosian questioned a payment made in connection with the Civic Theater Relight Project, for which the bid had been rejected. City Manager Perlin explained that the payment was for design work. Councilmember Bogosian then asked whet.aer the City would be reimbursed for a payment made for valet parking signs for the Village. City :Manager Perlin replied that the City would not be reimbursed, since the arrangement approved by the Council did not contemplate reimbursement, and the signs were considered to benefit the entire Village. JACOBS /SHAW MOVED TO APPROVE THE CHECK REGISTER. Passed 5 -0. 5) Final Acceptance and Notice of Completion for ADA Improvements Phase I (CIP 9302) 6) Approval of Payments for Miscellaneous Construction Work performed by C.F. Archibald Paving, Inc. 7) Memo Authorizing Publicity for Upcoming Hearings Vessing Road Assessment District Protest Hearing C. CLAIMS AGAINST THE CITY None. 6. PUBLIC HEARINGS None. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS A. Resolution endorsing Acquisition and Creation of the Bear Creek Redwoods Regional Preserve City Manager Perlin reviewed the staff report. Councilmember Jacobs noted that lie preferred to send a letter rather than a resolution. A letter could better set forth the stance of the City Council that the Council supports acquisition of the property by a willing buyer to donate as open space. He feared that the draft resolution could be misused by people opposed to development, and he did not wish to send a message to the County telling them what to do if no willing buyer comes forth. Robert Montcrief, representing the Friends of Bear Creek Redwoods Preserve, spoke in favor of the preserve, as did Cheriel Jensen. City Manager Perlin said the Mid-.Peninsula Open Space District staff report stated they were not committing any funding. Councilmembers discussed the issues, including whether a resolution would be binding; whether the document should be sent to a County agency such as the Planning Commission or Supervisors; whether any agency had funds or a timeframe for acquisition of the property; whether the resolution was simply a form of public input; the fact that a golf course comprises open space; whether Saratoga could properly suggest to the County what it should do; and the fact that the City agreed to tell the federal government to keep the Civil Air Patrol at Moffett Field. F. L. Stutzman spoke again, saying as a taxpayer to the County he felt he should have some say in how the County used the tax funds. MORAN JACOBS MOVED TO SEND A LETTER TO THE GREENBELT ALLIANCE ENDORSING ACQUISITION OF OPEN SPACE IN GENERAL AND OF THIS PROPERTY IN 1 f City Council Minutes _3 January 7, 1996 PARTICULAR. Passed 3 -2 (Bogosian, Shaw opposed). There was consensus for the City Manager to prepare a draft to be returned to the Council on Tuesday. Copies of the letter are to go to POST, Mid Peninsula Open Space District, and the Town of Los Gatos. B. Ordinance amending Article 6 -10 of the Municipal Code relating to Alarm Systems (second reading) MORAN /SHAW MOVED TO ADOPT THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. passed 5 -0. City Manager Perlin noted that Sharon Melin had been hired to clear a backlog of false alarms which had accumulated from last year. a. NEW BUSINESS A. Annual Review of City's Investment Policy Interim Administrative Services Director Larson noted that the Finance Commission felt -the current investment policy was working well and required no changes, so they recommended none. MORAN /BOGOSIAN MOVED TO APPROVE THE CURRENT INVESTMENT POLICY. Passed 5 -0. B. Renewal of Lease with Friends of the Saratoga Libraries for Village Library located at 14410 Oak street City Manager Perlin reviewed the staff report. Councilmember Moran questioned the amount of expenses paid by the Friends of the Libraries. Mr. Nolan, treasurer of the group, replied that utilities for six months amounted to $927, and maintenance was performed by volunteers, since there were no salaried employees. She then noted that the lease was for ten years, which future city councils could not change. City Attorney Riback stated that the 90- day cancellation clause made the lease, in effect, a 90 -day lease. Councilmember Shaw pointed out that on page 7 a reference to "contractor" should be changed to "lessee." The City Attorney was directed to do so. JACOBS MORAN MOVED TO APPROVE THE LEASE. passed 5 -0. 9. ROUTINE MATTERS A. Approval of Minutes 12/17 JACOBS /SHAW MOVED TO APPROVE THE MINUTES AS SUBMITTED. Passed 5 -0. 10. CITY COUNCIL ITEMS A. Agenda items for January 13 regular meeting Massage ordinance Adult Business Ordinance Removed. Discussion about televising adjourned Council meetings and location for future Council and Planning Commission meetings Policy Manual Ideas for upcoming Council retreat There was consensus to schedule the retreat for March 14. In addition to the above items, the letter to the Greenbelt Alliance and the Orchids and Onions Tour were added to the agenda. B. Other City Council Minutes _4 January 7, 1998 Councilmember Moran noted she would be late to the reception scheduled for January 15 with West Valley College. City Manager Perlin announced a photo session at 6:45 p.m. on January 21. 11. ADJOURNMENT The meeting was adjourned at 9:05 p.m. to at 7:00 p.m. on Tuesday, January 13, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: January 21, 1998 AGENDA ITEM �r CITY MANAGER ORIGINATING DEPT.: Administrative Services SUBJECT: Fiscal Year Ended June 30,1997 Acceptance of Comprehensive Annual Financial Report and Saratoga Public Financing Authority Financial Statements Recommended Motion(s) Note and file. Report Summary Background: Pursuant to applicable federal, state and local statutes the City is required to prepare a Comprehensive Annual Financial Report and undergo an annual audit to obtain assurance that: 1) the financial statements are not misstated, 2) the City complied with generally accepted accounting principles and federal financial assistance laws and regulations, and 3) accounting internal controls structures are present to reduce to a relatively low level of risk that errors or irregularities occur. The Saratoga Public Financing Authority is subject to provisions of a 1993 Revenue Bond Trust Agreement that require an annual audit of its financial statements. Discussion: Maze Associates, the City's auditing firm, has completed its work for the year ended June 30, 1997, and has issued its reports on the Comprehensive Annual Financial Report and Public Financing Authority. Each report contains a "clean opinion", which is the highest level of assurance given. As the auditor's report indicates, the responsibility for the financial statements belongs to the City's management, not the auditors. Their work is limited to opining on the fairness of the presentation of those statements. Also included in City Council's packet is the Auditor's Memorandum on Internal Control Structure. According to Scott Maze (Partner, Maze Associates), since the Finance Department had just come through a difficult year, these comments were intended to be helpful and to offer guidance once the organization has stabilized. Mr. Maze walked the Finance Commission through these reports at its meeting on Monday, January 12. The Commission wished to note for City Council the folloNving issues: 1. Certain changes in format, such as presenting the Budget to Actual comparisons on a budgetary basis first in the General Purpose Financial Statements, have been due to the Finance Commission's input. 2. The City may have too many funds established which have had little or no activity and could be combined elsewhere, e.g. the Hillside Rep2ur Fund appears to have no underlying plan to accumulate funds, so it could just as well be budgeted in the General Fund. 3. Page 70: Dollar signs are reflected on charts which deal with population figures. 4. Page 71: Bank Deposit information seems to hold little meaning anymore, since those funds are are no longer "local" in the traditional sense of the word. 5. Page 9, Note #1: The paragraph titled "Public Safety" misstates the facts about the services provided by the County Sheriffs offices. Fire services are not provided by those offices, but are instead provided by special districts as noted in the second sentence. 6. Given the July 1, 1997 revision to the terms of the loan to the Hakone Foundation, the treatment of that loan may have to change for reporting purposes in the Comprehensive Annual Financial Report for 1997 -98. Having noted these minor issues, the Commission voted to recommend that Council accept these reports. Fiscal Impacts: None. Follow Up Action(s): Distribute reports to interested parties. Consequences of Not Actinji on Recommended Motion(s): Not applicable. Attachment(s): 1. City of Saratoga Comprehensive Annual Financial Report (previously distributed to City Council) 2. Saratoga Public Financing Authority Financial Statements 3. Auditor's Memorandum on Internal Control Structure K MINUTES SARATOGA CITY COUNCIL i TIME: Tuesday, January 13, 1998 7:00 p.m. PLACE: Adult Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting 1. Roll Call Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Also present were City Manager Perlin and Deputy City Clerk Cory. 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 9. The notice of adjournment from the January 7 Council meeting was properly posted on January 8. 3. Oral Communications from the Public on Non- Agendized Items None. 4. Ideas for Upcoming Council Retreat Scheduled for March 14 Councilmembers discussed with the City Manager various topics for the retreat and the appropriate amount of funding. The City Manager stated that the full cost of a retreat, including pre- retreat preparation, facilitating, and post- retreat report, would be under $1000. There was consensus to direct the City Manager to arrange for Judy Sweet to facilitate the retreat, which would last less than a full day. Team building was not believed to be necessary. Broad policy topics are to be discussed such as staff relations, long -term planning, goals for the year, commission relations, and citizens' involvement in policy decisions. The Council will meet with Ms. Sweet at an adjourned meeting in February to set the precise agenda. 5. Continuing Discussion about Revisions to Massage Ordinance City Manager Perlin reviewed the staff report and stated the City had enough resources to handle the ordinance. He noted that other cities had a wide variation in their fees, so he wished to bring up the question of fees after he had had an opportunity to review the reasons for the variation. He then answered Councilmembers' questions, noting that the City can charge fees only to the extent that they enable recovery of costs. Councilmember Moran suggested getting the fees decided before the first reading of the ordinance. Mayor Wolfe suggested that it might be desirable to have low fees but high penalties for violations. Jack Mallory, 12258 Kirkdale Drive, asked how the proposed ordinance would affect people coming in from out of town to perform massages. City Manager Perlin replied that it prohibited such massages, but enforcement of that provision would be very difficult. Staff intends to bring the ordinance to the Council for first reading on February 4. 6. Discussion about televising adjourned Council Meetings and Location for future Council and Planning Commission Meetings City Manager Perlin reviewed his report. He recommended that the matter be tabled until January 27, since he, Councilmember Shaw, the KSAR board members, and Tessa McGoldrick could work through scheduling issues further at the next board meeting. Councilmembers discussed scheduling difficulties, possible necessity for a second channel, and related matters. Councilmember Bogosian noted that it had been a year since cablecasting adjourned meetings and Planning Commission meetings was first proposed. City Manager Perlin estimated that the Adult Care Center could be ready City Council Minutes 2 January 13, 1998 for cablecasting by the end of February or beginning of March. Councilmembers agreed that preparations for cablecasting the meetings should be completed as quickly as possible. There was consensus that rebroadcasting of the adjourned Council meetings would be an acceptable arrangement in the short term to deal with scheduling conflicts. The Councilmembers also agreed to have cablecasting capabilities brought into the Adult Care Center for adjourned meetings. 7. Council Policy Manual Deputy City Clerk Cory reviewed the history of the policy manual and the desirability of incorporating past policies into such a manual. There was consensus for the Deputy City Clerk and the City Manager to review the items presented for the policy manual, reorganize them, and present them in full to the Council within a few months. They were directed not to take time from other pressing City projects for the policy manual. 8. Discussion concerning Agendizing of Commission Attendance Reports Councilmembers discussed the most appropriate forum for reviewing attendance reports. There was consensus for the City Manager to forward the reports to the Council informally rather than agendizing them at a meeting. 9. Discussion of City Commission Forum /Reception Councilmembers felt that January 30 would be too soon for this event. Councilmember Bogosian suggested a barbecue in late June or July. There was consensus to discuss this matter further at the Council retreat on March 14. 10. Letter to Greenbelt Alliance concerning Alma College Property Councilmembers Shaw and Bogosian expressed their preference for the resolution which had been previously presented rather than the letter. They did not feel the proposed letter represented their opinions, and they intended to write their own letters. Councilmember Jacobs said he would have stated in the letter that if the property is not purchased for public use, the City is not telling the County what should be done with the property. Councilmember Moran said her main concern with the resolution was how it could be used by those opposed to development of the property. There was a majority consensus for Mayor Wolfe to sign the letter and to direct staff to send it. 11. Orchids and Onions Tour with Planning Commission Scheduled for January 23 City Manager Perlin explained that. it was not possible for the Planning Commission, the Council, and staff to take the tour in the same vehicle. After discussion of various alternatives, there was consensus to discuss the tour at the next joint meeting with the Planning Commission. It was also suggested that staff take slide photographs of the properties toured to review at the joint meeting. Councilmembers will also be provided with the addresses of houses on the tour so they can view them at their convenience. 12. Self Evaluation of Previous Meetings 12/17; 1/7 There was consensus that the meetings were going well procedurally. Councilmember Moran felt that even if there was not a great deal to City Council Minutes 3 January 13, 1998 discuss for the self evaluations, she believed it was desirable to continue lacing this item on adjourned meeting agendas. 13. Agency Assignment Reports Councilmembers reported on the meetings they had attended. 14. Other None. 15. Adjournment The meeting was adjourned at 9:50 p.m. to 6:30 p.m. on Thursday, January 15, in the West Valley College Board Room, 14000 Fruitvale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk MINUTES SARATOGA CITY COUNCIL TIME: Thursday, January 15, 1998 6:30 p.m. PLACE: West Valley College Board Room, 14000 Fruitvale Avenue TYPE: Adjourned Regular Meeting 1. Roll Call Councilmembers Bogosian, Jacobs, Moran, and Mayor Wolfe were present. Councilmember Shaw was absent. Also present was City Manager Perlin. Board members present were Joy Askins, Chris Constantin, Arnie Lunde, Maxine Sanders, Phil Stokes, and President Nancy Rucker. 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 14. The notice of adjournment from the January 13 Council meeting was properly posted on January 14. 3. Oral Communications from the Public on Non Agendized Items None. 4. Reception recognizing Appointment of Mayor Don Wolfe and Board President Nancy Rucker 5. Adjournment The meeting was adjourned at 8:00 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk