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HomeMy WebLinkAboutPacket.pdfTable of Contents Agenda 3 Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga Staff Report 9 Presentation by Local Agency Formation Commission (LAFCO) Staff Report 11 City Council Regular Meeting Minutes – October 19, 2011 Staff Report 13 Minutes 14 Treasurer’s Report for the Month Ended September 30, 2011 Treasurer’s Report for the Month Ended September 30, 2011 22 Review of Accounts Payable Check Registers Check Register Report 27 Check Register 10/13/2011 29 Check Register 10/20/2011 35 Subdivision Improvement Agreement Amendment Staff Report 38 1. Extension Request Letter 40 2. Subdivision Improvement Agreement Amendment 41 3. Subdivision Improvement Agreement 50 4. 2008 Subdivision Improvement Agreement Amendment 77 Council Resolution to Adopt Memorandum of Understanding for the Saratoga Employee Association (SEA) Staff Report 81 Resolution 83 MOU 84 Attachment A 101 Council Resolution to Adopt Memorandum of Understanding for the Saratoga Management Organization (SMO) Staff Report 104 Resolution 106 MOU 107 Attachment A 118 Council Resolution to Approve Employment Policy for Unrepresented Human Resources Manager Monica LaBossiere (“LaBossiere”) Staff Report 119 Resolution 121 Council Resolution to Approve Agreement for Employment of City Manager David Anderson (“Anderson”) Staff Report 122 Resolution 124 1 Contract Agreement 125 Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510-25-062) Staff Report 135 Attachment 1: July 6, 2011 Staff Report with Attachments 137 Attachment 2: Preannexation Agreement Amendment 156 Sign Ordinance Update Staff Report 158 Timeline 160 2 WEDNESDAY, NOVEMBER 02, 2011 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on October 27, 2011) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga Recommended action: Accept recognition from Tobacco Free Coalition of Santa Clara County. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 3 SPECIAL PRESENTATIONS 2. Presentation by Local Agency Formation Commission (LAFCO) Recommended action: Watch a short presentation given by Neelima Palacherla, LAFCO representative, regarding the Saratoga Fire Protection District and provide input to LAFCO. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Regular Meeting Minutes – October 19, 2011 Recommended action: Approve minutes. 4. Treasurer’s Report for the Month Ended September 30, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended September 30, 2011. 5. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept check registers for the following accounts payable payment cycles: October 13, 2011 October 20, 2011 6. Subdivision Improvement Agreement Amendment Recommended action: 1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. 7. Council Resolution to Adopt Memorandum of Understanding for the Saratoga Employee Association (SEA) Recommended action: Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga Employee Association (SEA) July 1, 2011 to June 30, 2015. 8. Council Resolution to Adopt Memorandum of Understanding for the Saratoga Management Organization (SMO) Recommended action: Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga Management Organization (SMO) July 1, 2011 to June 30, 2015. 4 9. Council Resolution to Approve Employment Policy for Unrepresented Human Resources Manager Monica LaBossiere (“LaBossiere”) Recommended action: Approve the terms and conditions contained in said Resolution for Salary and Benefit Agreement for Unrepresented Human Resources Manager effective July 1, 2011. 10. Council Resolution to Approve Agreement for Employment of City Manager David Anderson (“Anderson”) Recommended action: Approve the terms and conditions contained in said Agreement for Employment between Anderson and the City effective November 2, 2011. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 11. Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510-25-062) Recommended action: Authorize City Attorney to extend the term of the Preannexation Agreement for the property located at 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to February 2, 2012. 12. Sign Ordinance Update Recommended action: Provide input to staff. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association 5 Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Let’s Move City Mayor/Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District Councilmember Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Let’s Move City Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the 6 posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on October 27, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 27th day of October 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting – Joint meeting with Assemblymember Jim Beall, Jr. 12/6 Council Reorganization 12/7 Regular Meeting -- Joint meeting with Heritage Preservation Commission and Historical Foundation 12/21 Regular Meeting –no joint meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 8 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga RECOMMENDED ACTION: Accept recognition from Tobacco Free Coalition of Santa Clara County. BACKGROUND: In honor of Lung Cancer Awareness Month, the Tobacco Free Coalition of Santa Clara County will be recognizing the City of Saratoga for its leadership in reducing the impacts of tobacco use and protecting the health of Saratoga citizens by passing strong tobacco prevention policies. The recognition will be presented by Dennis Achá, Director of Programs at Breathe California and Member of the Tobacco Free Coalition of Santa Clara County. The Tobacco Free Coalition of Santa Clara County is a diverse community based group representing professional, voluntary and community groups. Staffed by Santa Clara County’s Tobacco Prevention and Education Program, this coalition provides community input to assist in efforts to reduce and/or prevent tobacco use in Santa Clara County. The mission of the Tobacco Free Coalition is to improve the health of all Santa Clara residents by changing community attitudes toward tobacco uses, reducing the use of tobacco, and reducing exposure to secondhand smoke. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City will not accept the recognition from the Tobacco Free Coalition of Santa Clara County. ALTERNATIVE ACTION(S): N/A 9 Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 10 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: SUBJECT: Presentation by Local Agency Formation Commission (LAFCO) RECOMMENDED ACTION: Watch a short presentation given by Neelima Palacherla, LAFCO representative, regarding the Saratoga Fire Protection District and provide input to LAFCO. REPORT SUMMARY: LAFCO discussed the issue of the potential dissolution of the Saratoga Fire Protection District at its October 5, 2011 meeting. At that meeting they directed its staff to provide an informational presentation at a Saratoga City Council meeting, receive input from the City Council, and provide a report back to LAFCO. For more detailed information, follow this link to the LAFCO staff report from the October 5, 2011 meeting. http://www.santaclara.lafco.ca.gov/agenda/Full_Packets/2011Packets/2011Oct05/Agenda.pdf FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: Provide no input to LAFCO. FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: 11 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 12 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – October 19, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the October 19, 2011, City Council Regular Meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Minutes from the October 19, 2011, City Council Regular Meeting. 13 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING OCTOBER 19, 2011 The City Council met in Closed Session at 6:00 p.m. in the Administrative Conference Room ANNOUNCEMENT OF CLOSED SESSION Conference with Labor Negotiators – (Government Code Section 54957.6) A. Employee Organizations: Saratoga Management Association, Saratoga Employees Association, and/or the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board. Agency Designated Representatives: Deanna Mouser, Monica LaBossiere, Dave Anderson B. Unrepresented Employee: City Manager Agency Designated Representatives: Catherine Engberg, Deanna Mouser Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked students from Saratoga Elementary School to lead the Pledge of Allegiance. ROLL CALL PRESENT: Council Members Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Catherine Engberg, Acting City Attorney Ann Sullivan, City Clerk John Cherbone, Public Works Director Michael Taylor, Recreation and Facilities Director Chris Riordan, Interim Community Development Director Kimberly Thomas, MTEP Exchange Participant REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of October 19, 2011 was properly posted on October 13, 2011. MAYOR’S REPORT ON CLOSED SESSION Mayor Miller noted there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Kia Fariba, Chair of Saratoga Youth Commission, addressed the Council regarding the status of the Commission. He noted the Commission is actively involved in the Teen 14 2 Friendly Business Award, whereby Saratoga businesses offer specials and discounts to Saratoga youth during a specific month which will encourage youth to attend the different Saratoga establishments. The Commission is also focusing on social media such as Facebook and email accounts. In addition, they are implementing a second monthly meeting that is more informal and attendance is not required. The meeting is held on the fourth Tuesday of each month and is another way for the commissioners to stay in touch with one another. COUNCIL DIRECTION TO STAFF Council thanked Commissioner Kia Fariba for providing the status report of the Youth Commission. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Vatsam Kasturi addressed the council regarding the city’s permit process and permit fees that are required for remodeling his home. In addition, he spoke of his concerns regarding the various school districts serving the Saratoga community. Cathleen Casey addressed the Council regarding the recent appointment of the new Community Development Director. COUNCIL DIRECTION TO STAFF Councilmember Hunter suggested that Mr. Kasturi contact the Santa Clara County Office of Education regarding the various school districts serving the community. ANNOUNCEMENTS Councilmember Hunter noted the following: The Senior Center will be hosting a Health Faire on Friday, October 21, 2011, from 3:30 p.m. to 7:00 p.m. The Santa Clara Valley Water District will be celebrating the completion of the first of nine flood protection projects in the Flood Protection Plan at 10:00 a.m. on Monday, October 24, 2011. The ceremony will be held at Saratoga-Sunnyvale Road and Calabazas Creek. The Witchy Walk-A-bout will be held in the Village on October 29, 2011, from 1:00 p.m. to 4:00 p.m. Council Member Lo noted the CERT Disaster Drill will be held at 7:45 a.m. on Saturday, October 22, 2011, at the Community Center. She added they are in need of volunteers to role play as victims. Mayor Miller noted that on Friday, October 21, 2011, a representative from Energy Update California will be giving a presentation on how homeowners can remodel or upgrade their homes to be more energy efficient. The event will be held at the Joan Pisani Community Center at 7:00 p.m. and is open to the public. 15 3 CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL SPECIAL MEETING MINUTES – SEPTEMBER 15, 2011 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL SPECIAL MEETING MINUTES – SEPTEMBER 15, 2011. MOTION PASSED 5-0-0. 2. CITY COUNCIL REGULAR MEETING MINUTES – OCTOBER 5, 2011 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – OCTOBER 5, 2011. MOTION PASSED 5-0-0. 3. REVIEW OF ACCOUNTS PAYABLE REGISTER STAFF RECOMMENDATION: That the City Council review and accept the Check Register for the following Accounts Payable payment cycle: October 6, 2011 PAGE/CAPPELLO MOVED TO ACCEPT THE CHECK REGISTER FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLE: OCTOBER 6, 2011. MOTION PASSED 5-0-0. 4. UPDATE OF CITY OF SARATOGA RISK MANAGEMENT POLICY STAFF RECOMMENDATION: Staff recommends the Council approve the update to the City of Saratoga Risk Management Policy. PAGE/CAPPELLO MOVED TO APPROVE THE UPDATE TO THE CITY OF SARATOGA RISK MANAGEMENT POLICY. MOTION PASSED 5-0-0. 16 4 5. SARATOGA MONTE SERENO COMMUNITY FOUNDATION DONATION FOR WILDWOOD CINEMA MOVIE NIGHT STAFF RECOMMENDATION: Accept donation from the Saratoga Monte Sereno Community Foundation and approve the attached budget adjustment resolution. Mayor Miller removed this item for comment. RESOLUTION NO. 11 - 067 CAPPELLO/PAGE MOVED TO ACCEPT DONATION FROM THE SARATOGA MONTE SERENO COMMUNITY FOUNDATION AND APPROVE BUDGET ADJUSTMENT RESOLUTION. MOTION PASSED 5-0- 0. 6. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON RAVENWOOD DRIVE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting parking on a portion of Ravenwood Drive. MV RESOLUTION NO. MV 300 PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A PORTION OF RAVENWOOD DRIVE. MOTION PASSED 5- 0-0. PUBLIC HEARINGS None OLD BUSINESS 7. APPROVAL OF VILLAGE FAÇADE IMPROVEMENT PROGRAM BUDGET ADJUSTMENT STAFF RECOMMENDATION: Accept report and approve a budget adjustment and recommendation for future funding review for the Village Façade Improvement Program. Kimberly Thomas, member of the MTEP Exchange program, presented the staff report. Mayor Miller invited public comment. Cathleen Casey requested to speak on this item. No one else requested to speak on this item. Mayor Miller closed the public comment period. 17 5 RESOLUTION NO. 11 - 068 PAGE/CAPPELLO MOVED TO APPROVE A BUDGET ADJUSTMENT ALLOCATING $20,000 TO THE VILLAGE FAÇADE PROGRAM FROM THE COUNCIL DISCRETIONARY FUND UNTILL THE END OF THE 2011/12 FISCAL YEAR. MOTION PASSED 5-0-0. COUNCIL DIRECTION: o Make no changes to the guidelines of the Program. o Fund this Program till the end of the 2011/12 Fiscal Year. o City Council Village Ad Hoc Committee will review project applications and if project meets necessary requirements and funding is available, project will be approved by Ad Hoc Committee. o Maximum award issuance $5,000. o Review the Program during the Fiscal Year budget cycle as part of the Capital Improvement Project (CIP) to see if Council would like to continue this Program. NEW BUSINESS 8. REIMBURSEMENT FOR HISTORIC COMPLIANCE REVIEW AND BUILDING PERMIT APPLICATION FEES FOR THE SARATOGA HISTORICAL FOUNDATION TO REMODEL AN EXISTING STORAGE SHED INTO A HISTORIC SCHOOL HOUSE STAFF RECOMMENDATION: Consider the reimbursement of Historic Compliance Review and Building Permit application fees for the Saratoga Historical Foundation (SHF) to remodel an existing storage shed into a historic themed one-room school house. Michael Fossati, Planner, presented the staff report. Mayor Miller invited public comment. Ernie Kraule, representing Saratoga Historical Foundation, addressed the Council and encouraged Council to waive the remodel fees. No one else requested to speak on this item. Mayor Miller closed the public comment period. PAGE/HUNTER MOVED TO ALLOCATE $331.20 FROM THE COUNCIL DISCRETIONARY FUND TO BE USED FOR REIMBURSEMENT OF HISTORIC COMPLIANCE REVIEW AND BUILDING PERMIT APPLICATION FEES FOR THE SARATOGA HISTORICAL FOUNDATION (SHF) TO REMODEL AN EXISTING STORAGE SHED INTO A HISTORIC THEMED ONE-ROOM SCHOOL HOUSE. MOTION PASSED 5-0-0. 18 6 At this time 8:10 p.m. Mayor Miller invited the high school students that were in the audience for government class assignment up on the Dais. 9. CITY OF SARATOGA STREET REHABILITATION PROGRAM RSTPL- 5332(016) – AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: 1. Move to declare C.F. Archibald Paving, Inc. of Redwood City to be the lowest responsible bidder on the project. 2. Move to award a construction contract to C.F. Archibald Paving, Inc. in the amount of $1,020,589.70 3. Move to authorize staff to execute change orders to the contract up to $100,000. Public Works Director, John Cherbone, presented the staff report. Mayor Miller recused himself from discussion of this item due to a conflict of interest noting his residence is located within 500 feet of one of the streets proposed for repaving and left the Dais. Council Member Lo also recused herself from discussion of this item due to a conflict of interest noting her residence is within 500 feet of one of the streets proposed for repaving and left the Dais. Due to the recused absence of Mayor Miller, Vice Mayor Page facilitated the discussion of this item. Vice Mayor Page invited public comment. Cathleen Casey requested to speak on this item. Janice Gamper requested to speak on this item. No one else requested to speak on this item. Vice Mayor Page closed the public comment period. CAPPELLO/HUNTER MOVED TO: 1. DECLARE C.F. ARCHIBALD PAVING, INC. OF REDWOOD CITY TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. 2. AWARD A CONSTRUCTION CONTRACT TO C.F. ARCHIBALD PAVING, INC. IN THE AMOUNT OF $1,020,589.70 3. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $100,000. MOTION PASSED 3-0-2 WITH MAYOR MILLER AND COUNCILMEMBER LO RECUSED. Mayor Miller and Councilmember Lo returned to the Dais. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: 19 7 Hakone Foundation Executive Committee – on October 7, 2011, the Japanese Consul General presented a Commendation Award to Hakone Gardens commending them for their role in promoting “friendship and mutual understanding between the people of Japan and the citizens of the United States”. Valley Transportation Authority PAC – met and confirmed that expressway lanes are planned for Santa Clara County in the next few months. Restriping will occur in the area of Highways 237/880 Interchange along with the installation of expressway equipment. The expressway lane should be completed by March 2012. Public hearings are currently being held regarding the Highway 85 expressway lane project, which is scheduled for completion in 2013. In addition, VTA has some extra funds on hand as a result of funding all their bonds at a very low interest rate and investing those funds until the project is initiated. He noted there were three items before the Policy Advisory Committee regarding the allocation of this funding surplus. Mayor Miller added that he made the motion to fund “un-funded liabilities” – sales tax, operation stabilization, and employee benefits. West Valley Mayors and Managers Association – noted that Joint Venture Silicon Valley has been working for many years on wireless access throughout Silicon Valley. A representative from Joint Venture met with the members of the Association to discuss the issue of inferior wireless service in some of our cities. He noted there will be a Wireless Communication Initiative/Joint Venture Silicon Valley meeting on November 9, 2011, from 8:30 a.m. to 12:00 noon at the Santa Clara University Leavey School of Business. Mayor Milled noted that he along with other city staff attended the West Valley College (WVC) Solar Gateway Grand Opening at noon today. He added the 1.1 megawatt solar generating facility doubles the amount of solar power generated in Saratoga and will provide over a quarter of the electricity consumed on the WVC campus when school is in session. Also, WVC officials noted that carbon levels equivalent to what 1,000 mature trees would have removed have been removed from the atmosphere since the implementation of the Solar. Mayor Miller noted that Saratoga resident Katherine Schuda was recently appointed to the Advisory Council to the Council on Aging. Ms. Schuda is filling the seat vacated by Shan Berry, who served on the Council for Aging for the past three years. Vice Mayor Chuck Page – reported: Saratoga Ministerial Association – will meet next Wednesday at Saratoga City Hall. West Valley Sanitation District – met and noted Executive Director Bob Reed is planning to retire in 2012. They discussed succession plans and plan to advertise locally to find a replacement for Mr. Reed. Vice Mayor Paged noted he was asked to be vice chair of the State Environmental Policy Committee for the League of California Cities. Councilmember Jill Hunter – reported: Historical Foundation – she attended the last meeting and noted the bar-b-cue the Foundation held recently didn’t generate as much revenue as they had hoped. The Foundation is waiting to hear the results of the CDBG grant allocations. KSAR Community Access TV Board – the October meeting was cancelled. KSAR Board continues to recruit for a new member to fill the vacant seat on the Board. The candidate appointed to this seat will also represent the Saratoga High School. SASCC –meets next week. 20 8 West Valley Flood Control & Watershed Advisory Committee – meets Monday, October 24, 2011. Councilmember Emily Lo – reported: Association of Bay Area Government – attended the Fall General Assembly ABAG meeting on Thursday, October 13th and members listened to a presentation on “Greening our Neighborhoods and Communities for a Sustainable Bay Area”. Highway 9 AdHoc – a public hearing is scheduled on October 24, 2011, at 6:00 p.m. in the Monte Sereno City Hall Council Chambers. Councilmember Manny Cappello – reported: Chamber of Commerce – he attended the last board meeting and they discussed the Annual Tree Lighting and Village Open House event which is scheduled on November 25th, the day after Thanksgiving. Santa Clara County Emergency Council – attended a special meeting that was called to address the allocations of funds from an Emergency Management Performance Grant. In addition, they discussed the funding allocation objectives outlined by FEMA (Federal Emergency Management Agency) and Cal EMA (California Emergency Management Agency). The total grant allocation that Saratoga could receive is $9,700 and would be a 50/50 match arrangement agreement with the City. Jim Yoke, Emergency Coordinator for the City of Saratoga, will be working closely with the County Emergency Council regarding the grant allocation to the City of Saratoga. CITY COUNCIL ITEMS None CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business Mayor Miller asked for a motion to adjourn the Regular Meeting. PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AT 9:00 P.M. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 21 MEETIN DEPART PREPAR SUBJEC RECOM Review an REPORT California the legisla Municipa the City T Sectio Clerk file a The follo collective the State T FISCAL Cash and As of Sep deposit w cash flow allowed to and excee NG DATE: TMENT: RED BY: T: Treasur MENDED A nd accept the T SUMMARY a government ative body a w l Code of the Treasurer. on 41004. R k a written rep copy with the wing attachm ely as well as Treasurer’s O IMPACT d Investments ptember 30, 2 with LAIF. Co w purposes, to o fall below $ eds the minim SA November 2, Finance & A Ann Xu, Acc rer’s Report ACTION Treasurer’s R Y t code section written report e City of Sara Regularly, at l port and accou e legislative b ments provide specifically f Office of Quar s Balance by F 2011, the City ouncil Policy avoid occurr $2,000,000. T mum limit requ Unrestrict Comerica Deposit wi Total Unr ARATOGA , 2011 Administrative countant for the Mont Report for the n 41004 requ and accounti atoga, Article east once eac unting of all body. e various fina for the City’s rterly LAIF ra Fund y had $135,14 on operating rence of dry p The total pool uired. ted Cash Bank ith LAIF restricted Ca Cas A CITY C e Services th Ended Sep e month ende ires that the C ing of all rece e 2-20, Sectio ch month, the receipts, disb ancial transac General (Op ates from the 44 in cash dep g reserve fund period financin led cash balan ash sh Summary OUNCIL AGENDA CITY M DIRECT ptember 30, d September City Treasure eipts, disburse on 2-20.035 d e City Treasu bursements, a ction data for perating) Fund 1st Quarter of posit at Come ds, adopted on ng, pooled ca nce as of Sep 13$ 13,32$ 13,463$ A ITEM: MANAGER: TOR: Mary F 2011 30, 2011. er submit to t ements, and f designates th urer shall subm and fund balan r the City of d, including a f 1977 to pres erica bank, an n April 20, 19 ash from all fu tember 30, 20 35,144 28,225 3,369 Dave Ander Furey the City Cler fund balances e City Manag mit to the Cit nces. He sha f Saratoga’s F an attachment sent. nd $13,328,2 994, states tha funds should n 011 is $13,46 rson rk and . The ger as ty all Funds t from 225 on at: for not be 63,369 22 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash13,463,369$ Plus: Assets89,330 Less: Liabilities (1,302,830) Ending Fund Balance12,249,869$ Adjusting Cash to Ending Fund Balance 23 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/11 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfers Fund Balance 9/30/11 General Undesignated Unreserved Balance563,290 (1,194,614) 720,608 803,039 6,000 (707,755.23) Designated Fund Balances: Designated for Operations 2,903,522 - - - - 2,903,522 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 - - - - 632,380 Designated for Environmental 513,182 - - - - 513,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve500,000 - - - - 500,000 Designated for Capital Project Reserve500,000 - (160,000) 340,000 Designated for Carryforward326,900 - - - - 326,900 Subtotal 7,484,065 (1,194,614) 720,608 803,039 (154,000) 6,053,020 Special Revenue Landscape/Lighting Districts504,125 (57,258) 888 15,837 - 431,918 CDBG Federal Grants- - - - - - Capital Project Street Projects1,906,037 81,238 29,895 89,295 150,000 2,077,875 Park and Trail Projects959,923 (2,094) - 36,688 - 921,141 Facility Improvement Projects942,051 169 397 65,285 136,430 1,013,762 Administrative Projects147,329 (3,235) - (58) (1,430) 142,721 Tree Fund36,771 2,500 - 500 - 38,771 CIP Grant Street Repair Projects(246,279) 33,804 - 2,317 - (214,792) CIP Grant Park & Trail Projects(152,888) (35,093) - 59,427 - (247,408) CIP Grant Administrative Projects810 - - 2,617 - (1,806) Gas Tax Fund532,645 153,283 73,338 - (106,000) 653,266 Debt Service Library Bond 850,657 (695,020) 1,036 883 - 155,790 Internal Service Fund Liability/Risk Management134,905 (175,755) - 3,465 - (44,314) Workers Compensation224,104 864 1,059 800 - 225,228 Office Stores Fund15,831 6,427 584 3,441 - 19,401 Information Technology Services 231,063 23,225 - 27,700 - 226,588 Equipment Maintenance42,817 24,559 - 14,673 - 52,703 Building Maintenance208,518 82,132 - 52,056 - 238,593 Equipment Replacement331,373 15,000 - - - 346,373 Technology Replacement185,567 12,124 - 11,650 (25,000) 161,041 Total City14,339,422 (1,727,743) 827,805 1,189,615 - 12,249,869 24 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/11 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfers Fund Balance 9/30/11 Street Projects Traffic Safety129,793 (6,225) - 14,386 50,000 159,181 Highway 9 Safety Project36,033 (2,000) - 168 90,000 123,865 Annual Street Resurfacing Project453,149 88,050 29,895 25,983 (121,781) 423,331 Annual Sidewalks Project52,905 - - 2,500 50,000 100,405 Saratoga Sunnyvale Road Resurfacing99,011 - - - - 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - - 90,000 Fourth Street Bridge100,000 - - - - 100,000 Quito Road Bridge Replacement Design6,581 - - - - 6,581 Quito Road Bridge Construction214,470 - - - - 214,470 Village Façade Program978 - - - - 978 Solar Power Radar Feedback Signs24,158 - - - - 24,158 El Quito Area Curb Replacement37,553 - - - - 37,553 Annual Storm Drain Upgrade38,507 1,413 - 19,486 50,000 70,434 Prospect Road Median537 - - - (537) - Padero Erosion Mitigation12,963 - - - - 12,963 Monte Vista Storm Drain1,082 - - - (1,082) - Canyon View/Elva Drain35,000 - - 25,000 - 10,000 Village-Streetscape Impv 313,991 - - 1,772 - 312,220 Village-Phase II Construction256,800 - - - 33,400 290,200 Saratoga-Sunnyvale/Gateway Sidewalk2,525 - - - - 2,525 Total Street Projects1,906,037 81,238 29,895 89,295 150,000 2,077,875 Parks & Trails Hakone Garden Koi Pond25 - - - - 25 EL Quito Park Improvements10,999 - - - - 10,999 Hakone Garden Retaining Wall & D/W137,379 - - - - 137,379 Hakone Garden Upper Moon House 375,000 - - - - 375,000 Park Restroom Improvement57,589 - - - - 57,589 Lower House ADA Ramp- - - 630 - (630) Park/Trail Repairs17,681 - - - - 17,681 Playground Safety Equipment39,064 - - 2,300 - 36,764 Blaney Plaza Improvements6,527 - - - - 6,527 Ravenswood Playground Improvement65,626 - - 33,758 - 31,869 Tank Trail Repair31 - - - - 31 Mid Pen O/S Land Purchase250,000 (2,094) - - - 247,906 Total Parks & Trails959,923 (2,094) - 36,688 - 921,141 Facility Improvements Facility Projects125,518 - - 3,258 66,635 188,895 Theater Improvement76,653 6,092 - 13,036 (5,863) 63,846 North Campus Improvements120,446 - - 2,747 - 117,699 Corp Yard Solar Project85,337 - - - - 85,337 Vehicle Structure Solar125,000 - - 1,350 - 123,650 Library Improvement335,596 (5,923) 397 28,091 - 301,979 SPCC Furniture & Fixture4,065 - - - - 4,065 HVAC System Upgrade- - - 14,228 14,228 - Electric Upgrades- - - 2,575 61,430 58,855 Electric Charging Station65,000 - - - - 65,000 McWilliams House Improvement4,435 - - - - 4,435 Total Facility Improvements942,051 169 397 65,285 136,430 1,013,762 Administrative Projects Financial System Upgrade3,534 - - - - 3,534 Document Imaging Project80,815 (854) - 1,031 10,000 88,930 CDD Document Imaging Project22,907 - - 786 - 22,121 CMO Document Imaging Project3,643 (506) - - - 3,137 IT Network Cabling Replacement- - - - 25,000 25,000 IT Emergency Power Back36,430 (1,875) - (1,875) (36,430) - Total Administrative Projects147,329 (3,235) - (58) (1,430) 142,721 Tree Fund Citywide Tree Planting12,147 - - 500 - 11,647 SMSCF Tree Donation Fund- 2,500 - - - 2,500 Tree Dedication Program24,623 - - - - 24,623 Total Tree Fund36,771 2,500 - 500 - 38,771 CIP Grant Street Repair Projects (246,279) 33,804 - 2,317 - (214,792) CIP Grant Park & Trail Projects (152,888) (35,093) - 59,427 - (247,408) CIP Grant Administrative Projects 810 - - 2,617 - (1,806) Gas Tax Fund 532,645 153,283 73,338 - (106,000) 653,266 Total CIP Funds4,126,399 230,573 103,630 256,071 179,000 4,383,530 25 ATTACHMENT C MarchJuneSe ptemberDecember 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 Quarterly Apportionment Rates Local Agency Investment Fund 26 Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept check registers for the following accounts payable payment cycles: REPORT SUMMARY: Attached are Check Registers for: Date Ending Check No. 10/13/11 118765 118825 61 133,006.01 10/13/11 10/06/11 118764 10/20/11 118826 118852 27 152,617.93 10/20/11 10/13/11 118825 Date Check No. Issued to Dept.Amount 10/19/11 118828 WC 53,898.99 10/19/11 118829 PS 28,098.00 10/19/11 118850 PW 25,000.00 Accounts Payable checks voided during this time period: AP Date Check No.Amount 09/15/11 118603 1,120.00 09/29/11 118649 1,758.61 09/29/11 118651 1,320.72 09/29/11 118657 14,735.55 09/29/11 118673 330.00 09/29/11 118717 1,860.00 10/05/11 118756 4,375.80 10/13/11 118803 741.00 10/06/11 118758 1,409.95 SVRIA Annual Dues General Storm Drain Cleaning - PP Void - Reissue Saratoga School of Dance Void Description Comp Shared Risk Pool General Premium Accounts Payable checks issued for $20,000 or greater: Fund Purpose SCC - Finance General SARATOGA CITY COUNCIL MEETING DATE:November 2, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Void - Reissue PREPARED BY: West Valley Sanitation Ending Check No. DEPT. DIRECTOR: Prior Check Register Accounts Payable Accounts Payable Checks Released October 13, 2011 October 20, 2011 Total Checks AmountType of Checks Date Starting Check No. Saratoga Springs Void BKF Engineers Void - Reissue GFOA Void Void North Bay Building Maint Void Calsense West Coast Building Void City of San Jose Issued to Mary & Michael Fox 27 Fund #10/13/11 10/19/11 Total 111 General 87,883.81 75,871.17 163,754.98 231 Village Lighting - 232 Azule Lighting - 241 Arroyo de Saratoga Landscape 170.00 170.00 242 Bonnet Way Landscape 270.00 270.00 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 300.00 300.00 245 Fredericksburg Landscape 264.00 264.00 246 Greenbriar Landscape 812.00 812.00 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape 170.00 170.00 249 Manor Drive Landscape 320.00 320.00 251 McCartysville Landscape - 252 Prides Crossing Landscape 896.00 896.00 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape 90.00 90.00 271 Beauchamps Landscape 170.00 170.00 272 Bellgrove Landscape - 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting - 275 Quito Lighting 330.00 330.00 276 Tollgate LLD 180.00 180.00 277 Village Commercial Landscape - 311 Library Bond Debt Service - 411 CIP Street Projects 11,569.13 2,423.60 13,992.73 412 CIP Park & Trail Projects 9,255.33 9,255.33 413 CIP Facility Projects 847.74 847.74 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets 1,990.11 1,344.00 3,334.11 432 Grant Fund - Parks & Trails 16,404.33 16,404.33 481 Gas Tax Fund 780.00 780.00 611 Liability/Risk Mgt 295.00 295.00 612 Workers' Comp 55.53 53,898.99 53,954.52 621 Office Support Services Fund 3,021.50 3,021.50 622 Information Technology 4,420.15 616.95 5,037.10 623 Vehicle & Equipment Maint 4,290.37 50.18 4,340.55 624 Building Maintenance 4,920.34 1,713.71 6,634.05 631 - 632 - 133,006.01 152,617.93 - - - 285,623.94 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Cash reductions by fund: 28 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 7 6 5 1 0 / 1 3 / 1 1 5 4 6 A B A G P O W E R P U R C H A S I N G P O 6 2 4 6 2 0 2 G A S S R V 1 0 / 1 1 0 . 0 0 1 , 1 8 0 . 0 0 11 1 1 1 1 1 8 7 6 6 1 0 / 1 3 / 1 1 3 5 A C C E N T G R A P H I C S 6 2 1 3 1 0 2 M A I L I N G L A B E L S 0 . 0 0 1 2 8 . 4 1 11 1 1 1 1 1 8 7 6 6 1 0 / 1 3 / 1 1 3 5 A C C E N T G R A P H I C S 6 2 1 3 1 0 2 C I T Y L O G O E N V E L O P E S 0 . 0 0 7 1 5 . 6 6 TO T A L C H E C K 0 . 0 0 8 4 4 . 0 7 11 1 1 1 1 1 8 7 6 7 1 0 / 1 3 / 1 1 6 5 9 A D V A N T A G E O F F I C E S O L U T I O 6 2 4 6 2 0 2 O F F I C E S U P P L I E S 0 . 0 0 1 6 . 2 4 11 1 1 1 1 1 8 7 6 8 1 0 / 1 3 / 1 1 5 0 0 A M E R I C A N H O M E R E N E W A L I N 1 1 1 4 2 0 1 R E F U N D - P E R M I T # 1 0 - 1 4 4 2 0 . 0 0 2 0 8 . 5 0 11 1 1 1 1 1 8 7 6 8 1 0 / 1 3 / 1 1 5 0 0 A M E R I C A N H O M E R E N E W A L I N 1 1 1 4 2 0 1 R E F U N D - P E R M I T # 1 0 - 1 4 4 2 0 . 0 0 7 . 2 4 11 1 1 1 1 1 8 7 6 8 1 0 / 1 3 / 1 1 5 0 0 A M E R I C A N H O M E R E N E W A L I N 1 1 1 4 2 0 1 R E F U N D - P E R M I T # 1 0 - 1 4 4 2 0 . 0 0 1 . 5 0 11 1 1 1 1 1 8 7 6 8 1 0 / 1 3 / 1 1 5 0 0 A M E R I C A N H O M E R E N E W A L I N 1 1 1 8 1 0 1 R E F U N D - P E R M I T # 1 0 - 1 4 4 2 0 . 0 0 3 1 . 2 8 TO T A L C H E C K 0 . 0 0 2 4 8 . 5 2 11 1 1 1 1 1 8 7 6 9 1 0 / 1 3 / 1 1 5 0 0 A V A C O N S T R U C T I O N 1 1 1 8 1 0 1 R E F U N D - O V E R P Y M T 0 . 0 0 2 . 7 4 11 1 1 1 1 1 8 7 7 0 1 0 / 1 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 1 6 7 . 9 9 11 1 1 1 1 1 8 7 7 0 1 0 / 1 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 1 , 2 9 6 . 6 2 TO T A L C H E C K 0 . 0 0 1 , 4 6 4 . 6 1 11 1 1 1 1 1 8 7 7 1 1 0 / 1 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 4 H W Y 9 S A F E T Y I M P V T S 0 . 0 0 2 9 4 . 0 0 11 1 1 1 1 1 8 7 7 2 1 0 / 1 3 / 1 1 2 0 B R U C E ’ S T I R E , I N C 6 2 3 5 2 0 2 T I R E S - V E H # 7 9 0 . 0 0 1 , 0 7 5 . 7 4 11 1 1 1 1 1 8 7 7 3 1 0 / 1 3 / 1 1 9 0 C A L S E N S E 1 1 1 5 3 0 1 R A D I O A N T E N N A / W L D W O O D 0 . 0 0 3 2 6 . 7 8 11 1 1 1 1 1 8 7 7 3 1 0 / 1 3 / 1 1 9 0 C A L S E N S E 1 1 1 5 3 0 1 R A D I O R E P L A C E M E N T 0 . 0 0 3 3 1 . 8 7 11 1 1 1 1 1 8 7 7 3 1 0 / 1 3 / 1 1 9 0 C A L S E N S E 1 1 1 5 3 0 1 R A D I O R E P L A C E M E N T 0 . 0 0 6 5 6 . 9 8 11 1 1 1 1 1 8 7 7 3 1 0 / 1 3 / 1 1 9 0 C A L S E N S E 1 1 1 5 3 0 1 R A D I O R E P L A C E M E N T 0 . 0 0 3 3 1 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 6 4 7 . 1 3 11 1 1 1 1 1 8 7 7 4 1 0 / 1 3 / 1 1 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 A N T I V I R U S R E N E W A L 0 . 0 0 2 , 9 1 5 . 0 3 11 1 1 1 1 1 8 7 7 4 1 0 / 1 3 / 1 1 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 I T S U P P O R T 0 . 0 0 5 7 8 . 6 6 TO T A L C H E C K 0 . 0 0 3 , 4 9 3 . 6 9 11 1 1 1 1 1 8 7 7 5 1 0 / 1 3 / 1 1 9 3 5 C H R I S P C O M P A N Y 4 1 1 R E T E N T I O N H E L D P O # 0 3 4 0 . 0 0 - 6 0 1 . 8 1 11 1 1 1 1 1 8 7 7 5 1 0 / 1 3 / 1 1 9 3 5 C H R I S P C O M P A N Y 4 1 1 9 1 1 1 - 0 0 2 H E R R I M A N A V E S T R I P I N G 0 . 0 0 6 , 0 1 8 . 1 0 TO T A L C H E C K 0 . 0 0 5 , 4 1 6 . 2 9 11 1 1 1 1 1 8 7 7 6 1 0 / 1 3 / 1 1 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S E R V I C E S 0 8 / 1 1 0 . 0 0 1 4 , 7 1 9 . 3 1 11 1 1 1 1 1 8 7 7 7 1 0 / 1 3 / 1 1 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 2 , 9 5 6 . 2 6 11 1 1 1 1 1 8 7 7 8 1 0 / 1 3 / 1 1 9 3 0 C O L E S U P P L Y C O M P A N Y , I N C 1 1 1 5 3 0 1 J A N I T O R I A L S U P P L I E S 0 . 0 0 4 3 2 . 2 4 11 1 1 1 1 1 8 7 7 9 1 0 / 1 3 / 1 1 5 8 9 C P O L T D 6 2 1 3 1 0 2 M T H L Y S V C 0 8 / 2 2 - 0 9 / 2 1 0 . 0 0 7 6 4 . 4 3 11 1 1 1 1 1 8 7 8 0 1 0 / 1 3 / 1 1 3 1 0 C U P E R T I N O U N I O N S C H O O L D 1 1 1 5 1 0 3 S T O R M / D R A I N E D U C A T I O N 0 . 0 0 1 6 1 . 2 5 11 1 1 1 1 1 8 7 8 1 1 0 / 1 3 / 1 1 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E S 0 8 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 8 7 8 2 1 0 / 1 3 / 1 1 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R 0 9 / 2 1 - 1 0 / 2 0 0 . 0 0 1 , 4 1 3 . 0 0 29 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 7 8 3 1 0 / 1 3 / 1 1 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 P A R K I N G C I T 0 9 / 1 1 0 . 0 0 3 2 5 . 0 0 11 1 1 1 1 1 8 7 8 4 1 0 / 1 3 / 1 1 5 0 0 D I A N E S O U Z A 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 6 9 . 0 0 11 1 1 1 1 1 8 7 8 5 1 0 / 1 3 / 1 1 3 4 1 D U - A L L S A F E T Y 1 1 1 5 2 0 1 H A Z W A S T E T R A I N I N G 0 . 0 0 1 , 2 5 0 . 0 0 11 1 1 1 1 1 8 7 8 6 1 0 / 1 3 / 1 1 5 0 0 E L Y S S A B I S H O P 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 8 7 8 7 1 0 / 1 3 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - P R O S P 9 / 1 1 0 . 0 0 3 0 3 . 1 0 11 1 1 1 1 1 8 7 8 7 1 0 / 1 3 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - W V C 0 9 / 1 1 0 . 0 0 1 5 1 . 5 5 TO T A L C H E C K 0 . 0 0 4 5 4 . 6 5 11 1 1 1 1 1 8 7 8 8 1 0 / 1 3 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 3 1 . 5 2 11 1 1 1 1 1 8 7 8 8 1 0 / 1 3 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 I R R I G A T I O N S U P P L I E S 0 . 0 0 4 1 . 6 4 TO T A L C H E C K 0 . 0 0 1 7 3 . 1 6 11 1 1 1 1 1 8 7 8 9 1 0 / 1 3 / 1 1 4 2 3 F E H R & P E E R S 4 1 1 9 1 2 1 - 0 0 1 C I P T R A F F I C I S S U E S 0 . 0 0 2 , 2 4 1 . 5 0 11 1 1 1 1 1 8 7 9 0 1 0 / 1 3 / 1 1 5 0 4 F O S S A T I , M I C H A E L 1 1 1 1 2 0 1 R E I M / S U P P L I E S - H P C M T G 0 . 0 0 2 0 . 3 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P A S E O 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 1 1 9 1 3 2 - 0 0 2 W T R T R E E S / P R O S P E C T 0 . 0 0 3 0 8 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R P R / S P R I N G B L O S S O M C T 0 . 0 0 6 3 7 . 6 8 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R P R / B U R G A N D Y 0 . 0 0 8 8 . 8 1 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 8 1 9 1 1 1 - 0 0 1 A L O H A / H W Y 0 9 1 0 / 1 1 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 8 1 9 1 1 1 - 0 0 1 A L O H A / H W Y 0 9 0 9 / 1 1 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N S C A P E S R V C S 0 8 / 1 1 0 . 0 0 5 4 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 W T R T R E E S / P R O S P E C T 0 . 0 0 3 0 8 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N S C A P E S R V C S 0 9 / 1 1 0 . 0 0 5 4 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 . 0 0 1 3 2 . 0 0 30 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R A Z U L E 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R A Z U L E 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R S E A G U L L 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R S E A G U L L 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 8 7 9 2 1 0 / 1 3 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 . 0 0 1 6 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 5 , 8 3 8 . 4 9 11 1 1 1 1 1 8 7 9 3 1 0 / 1 3 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 9 . 5 1 11 1 1 1 1 1 8 7 9 3 1 0 / 1 3 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 4 6 . 6 2 TO T A L C H E C K 0 . 0 0 6 6 . 1 3 11 1 1 1 1 1 8 7 9 4 1 0 / 1 3 / 1 1 4 6 3 G R A I N G E R 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 2 5 . 8 9 11 1 1 1 1 1 8 7 9 5 1 0 / 1 3 / 1 1 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 9 3 . 0 1 11 1 1 1 1 1 8 7 9 6 1 0 / 1 3 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 S P R I N K L E R S / W I L D W O O D 0 . 0 0 1 , 6 5 6 . 8 6 11 1 1 1 1 1 8 7 9 6 1 0 / 1 3 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 1 2 9 2 3 8 - 0 0 1 R P R / R A V E N W O O D P A R K 0 . 0 0 1 , 3 6 2 . 3 0 11 1 1 1 1 1 8 7 9 6 1 0 / 1 3 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 1 3 9 3 7 4 - 0 0 2 P L U M B I N G / P O T S - L I B R A R Y 0 . 0 0 8 4 7 . 7 4 TO T A L C H E C K 0 . 0 0 3 , 8 6 6 . 9 0 11 1 1 1 1 1 8 7 9 7 1 0 / 1 3 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 2 0 1 T R E E R E M V L / Q U I T O R D . 0 . 0 0 2 , 6 1 0 . 0 0 11 1 1 1 1 1 8 7 9 8 1 0 / 1 3 / 1 1 1 0 0 4 K O M P A N 4 1 2 9 2 1 1 - 0 0 3 S P R I N G S E E S A W 0 . 0 0 1 4 8 . 0 3 11 1 1 1 1 1 8 7 9 9 1 0 / 1 3 / 1 1 9 2 9 K O P P E L & G R U B E R P U B L I C F 1 1 1 5 1 0 1 D I S T L L A 0 7 / 1 1 - 0 9 / 1 1 0 . 0 0 1 , 8 4 8 . 7 5 11 1 1 1 1 1 8 8 0 0 1 0 / 1 3 / 1 1 5 0 0 M A R C C O O P E R 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 1 4 0 . 0 0 11 1 1 1 1 1 8 8 0 1 1 0 / 1 3 / 1 1 5 0 0 M A R Y A N D M I C H A E L F O X 1 1 1 R E F U N D A R B 0 9 - 0 0 0 8 0 . 0 0 1 , 1 2 0 . 0 0 11 1 1 1 1 1 8 8 0 2 1 0 / 1 3 / 1 1 3 2 1 M E T A L F A B , I N C 4 1 1 9 1 4 2 - 0 0 4 S T E E L P A N / T U R K E Y T R O T 0 . 0 0 6 9 2 . 8 0 11 1 1 1 1 1 8 8 0 3 1 0 / 1 3 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 8 H R S / W K O F 9 / 1 1 - 9 / 1 7 0 . 0 0 1 5 2 . 0 0 11 1 1 1 1 1 8 8 0 3 1 0 / 1 3 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 9 / 1 8 - 9 / 2 4 0 . 0 0 3 9 9 . 0 0 11 1 1 1 1 1 8 8 0 3 1 0 / 1 3 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 9 / 2 5 - 9 / 3 0 0 . 0 0 1 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 7 4 1 . 0 0 11 1 1 1 1 1 8 8 0 4 1 0 / 1 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 0 . 6 4 11 1 1 1 1 1 8 8 0 4 1 0 / 1 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 1 . 6 5 11 1 1 1 1 1 8 8 0 4 1 0 / 1 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 0 . 7 6 11 1 1 1 1 1 8 8 0 4 1 0 / 1 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 7 . 0 1 TO T A L C H E C K 0 . 0 0 1 9 0 . 0 6 11 1 1 1 1 1 8 8 0 5 1 0 / 1 3 / 1 1 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 6 0 . 3 3 11 1 1 1 1 1 8 8 0 6 1 0 / 1 3 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 4 7 8 . 4 8 11 1 1 1 1 1 8 8 0 6 1 0 / 1 3 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 4 5 . 8 8 TO T A L C H E C K 0 . 0 0 7 2 4 . 3 6 11 1 1 1 1 1 8 8 0 7 1 0 / 1 3 / 1 1 1 8 0 P A C I F I C P R O D U C T S & S E R V I 4 1 1 9 1 1 1 - 0 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 , 2 4 0 . 4 0 31 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 0 8 1 0 / 1 3 / 1 1 1 9 5 P A P A M E M B E R S H I P 1 1 1 5 3 0 1 2 0 1 2 M E M B E R S H I P / M E E K 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 8 8 0 9 1 0 / 1 3 / 1 1 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 9 / 1 1 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 8 8 1 0 1 0 / 1 3 / 1 1 3 2 6 P O N Y E X P R E S S T A C K 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 4 2 7 . 9 7 11 1 1 1 1 1 8 8 1 0 1 0 / 1 3 / 1 1 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 6 2 0 1 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 9 3 . 7 3 TO T A L C H E C K 0 . 0 0 6 2 1 . 7 0 11 1 1 1 1 1 8 8 1 1 1 0 / 1 3 / 1 1 5 0 0 R O N J O N E S 1 1 1 8 1 0 1 B U S L I C E N S E R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 8 8 1 1 1 0 / 1 3 / 1 1 5 0 0 R O N J O N E S 1 1 1 3 1 0 1 B U S L I C E N S E R E F U N D 0 . 0 0 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 1 5 . 0 0 11 1 1 1 1 1 8 8 1 2 1 0 / 1 3 / 1 1 9 1 S A N T A C L A R A V A L L E Y T R A N S 1 1 1 5 1 0 1 M B R F E E Q 1 / 1 2 & Q 2 / 1 2 0 . 0 0 1 0 , 8 4 5 . 6 3 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 7 2 . 5 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 9 0 . 4 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 7 6 . 1 6 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 3 . 0 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 0 4 . 8 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 1 3 . 2 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 8 4 . 4 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 5 1 . 2 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 6 3 . 2 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 6 9 . 9 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 3 . 1 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 8 1 . 6 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 3 1 . 2 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 8 0 . 9 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 8 1 . 6 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 2 2 . 4 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 0 . 8 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 4 4 . 8 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 7 2 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 6 7 . 2 0 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 11 1 1 1 1 1 8 8 1 4 1 0 / 1 3 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 9 2 . 4 8 TO T A L C H E C K 0 . 0 0 4 , 3 0 3 . 3 0 32 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 1 5 1 0 / 1 3 / 1 1 1 0 0 6 S A V I A N O C O M P A N Y I N C . 6 2 4 6 2 0 2 Q U I C K S T A R T L I N E S 0 . 0 0 9 9 0 . 0 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O M D E V 0 . 0 0 3 , 1 6 8 . 0 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F C . C T Y C N C L 0 . 0 0 1 , 7 2 8 . 0 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W O R K S 0 . 0 0 2 , 9 5 6 . 8 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E C R E A T I O N 0 . 0 0 3 8 . 4 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y C L R K O F C 0 . 0 0 8 2 5 . 6 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y M A N A G E R 0 . 0 0 3 , 5 1 3 . 6 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - W E S T L A W 0 . 0 0 4 3 . 1 7 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O D E E N F O R C E 0 . 0 0 8 8 3 . 2 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - I N N / S A R A T O G A 0 . 0 0 1 , 3 6 3 . 2 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H R 0 . 0 0 5 3 7 . 6 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E I M E X P E N S E 0 . 0 0 3 3 . 7 7 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - S I G N O R D I N C E 0 . 0 0 8 8 3 . 2 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C O M D E V E L O P 0 . 0 0 3 3 3 . 2 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C T Y M A N A G E R 0 . 0 0 4 7 5 . 3 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - W E S T L A W 0 . 0 0 9 3 . 6 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C O D E E N F O R C E 0 . 0 0 1 4 2 . 1 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - I N N / S A R A T O G A 0 . 0 0 1 4 7 . 0 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - H R 0 . 0 0 3 1 3 . 6 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - S I G N O R D I N A N C E 0 . 0 0 7 3 . 5 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 Q U A R R Y A C Q U I S I T I O N 0 . 0 0 1 , 3 2 8 . 0 0 11 1 1 1 1 1 8 8 1 6 1 0 / 1 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 1 9 1 5 2 - 0 0 2 Q U I T O R D B R I D G E S 0 . 0 0 3 9 9 . 4 9 TO T A L C H E C K 0 . 0 0 1 9 , 2 8 0 . 3 3 11 1 1 1 1 1 8 8 1 7 1 0 / 1 3 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 6 6 . 7 1 11 1 1 1 1 1 8 8 1 7 1 0 / 1 3 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 I N S E C T I C I D E - P A R K S 0 . 0 0 1 7 8 . 6 1 TO T A L C H E C K 0 . 0 0 3 4 5 . 3 2 11 1 1 1 1 1 8 8 1 8 1 0 / 1 3 / 1 1 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 C T Y W I D E S T R E E T S W E E P 0 . 0 0 7 , 8 6 9 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 M O N I C A - H R M T G / W E L L N E S 0 . 0 0 5 5 . 5 3 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 K I M - E X C U R S I O N E X P S 0 . 0 0 8 5 . 0 5 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 R I C K - V E H E X P E N S E S 0 . 0 0 1 8 . 3 7 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 1 9 1 4 2 - 0 0 4 R I C K - 3 R D S T . S U P P L I E S 0 . 0 0 5 0 2 . 1 5 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 K E V I N - O F F I C E S U P P L I E S 0 . 0 0 3 5 . 1 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 A D A M - O F F I C E S U P P L I E S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 2 A D A M - O F F I C E S U P P L I E S 0 . 0 0 8 3 . 0 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 J E S U S - C A R W A S H V E H # 1 2 5 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 F A C I L I T I E S S U P P L I E S 0 . 0 0 8 8 6 . 9 4 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 A N N - S U B P O E N A D O C S 0 . 0 0 3 8 . 2 5 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - C C M T G S E X P E N S E S 0 . 0 0 1 5 5 . 6 7 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - S Y M P A T H Y C A R D 0 . 0 0 2 . 1 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 L O R I - O F F I C E S U P P L I E S 0 . 0 0 7 0 . 3 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 L O R I - O F F I C E S U P P L I E S 0 . 0 0 7 0 . 3 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 J O A N - S T R E E T S / S U P P L I E S 0 . 0 0 3 8 . 6 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 T A Y L O R - O F C S U P P L I E S 0 . 0 0 9 . 7 1 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 T A Y L O R = A B A G M T G 0 . 0 0 1 6 . 5 1 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T A Y L O R - P L U G N P A Y 0 . 0 0 3 5 . 6 2 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 C H R I S - O F F I C E S U P P L I E S 0 . 0 0 2 3 . 9 9 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 S H A W N - S T A M P S 0 . 0 0 8 . 8 0 33 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 1 0 / 2 6 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 9 : 5 5 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 1 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 A B B Y - P U B L I C S T O R A G E 0 . 0 0 8 2 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 A B B Y - O F C S U P P L I E S 0 . 0 0 1 9 . 2 5 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 A B B Y - S J N E W S / N O T I C E 0 . 0 0 7 4 1 . 6 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 D E B B I E / M A Y O R M T G E X P 0 . 0 0 1 7 . 9 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 D E B B I E / O F C S U P P L I E S 0 . 0 0 4 0 . 0 1 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - L G H T R O O M S O F T W A R E 0 . 0 0 2 9 9 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - N E T W O R K C A B L E S 0 . 0 0 7 2 . 4 6 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - M I S A C 1 1 / 1 2 D U E S 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - M I S A C - 2 0 1 1 C O N F 0 . 0 0 3 9 5 . 0 0 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 3 0 1 L E O - F I L T E R S C R E E N 0 . 0 0 1 2 2 . 7 7 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 1 0 1 L E O - O N L I N E B A C K U P S 0 . 0 0 1 0 0 . 0 1 11 1 1 1 1 1 8 8 2 0 1 0 / 1 3 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 R E C R E A T I O N S S L C E R T 0 . 0 0 3 2 4 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 6 3 5 . 3 5 11 1 1 1 1 1 8 8 2 1 1 0 / 1 3 / 1 1 4 0 2 V I S T A L A N D S C A P E & M A I N T E 4 1 2 9 2 3 8 - 0 0 1 R A V E N W O O D P A R K P A T I O & 0 . 0 0 7 , 7 4 5 . 0 0 11 1 1 1 1 1 8 8 2 2 1 0 / 1 3 / 1 1 9 0 1 W A X I E S A N I T A R Y S U P P L Y 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 4 6 5 . 7 5 11 1 1 1 1 1 8 8 2 3 1 0 / 1 3 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 L I B R A R Y 0 8 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 8 8 2 3 1 0 / 1 3 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 0 8 / 0 5 / 1 1 S R V C S 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 8 8 2 3 1 0 / 1 3 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 0 8 / 1 9 / 1 1 S R V C S 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 8 8 2 3 1 0 / 1 3 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 0 8 / 0 1 / 2 0 1 1 S R V C S 0 . 0 0 7 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 1 6 0 . 0 0 11 1 1 1 1 1 8 8 2 4 1 0 / 1 3 / 1 1 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 B I N - C . S P R I N G S 0 9 / 1 1 0 . 0 0 2 , 0 8 9 . 1 9 11 1 1 1 1 1 8 8 2 5 1 0 / 1 3 / 1 1 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 P A R K I N G R E I M / M A R A C 0 . 0 0 1 4 . 0 0 11 1 1 1 1 1 8 8 2 5 1 0 / 1 3 / 1 1 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 R E I M / U N I F O R M S & B A G S 0 . 0 0 9 1 2 . 1 6 TO T A L C H E C K 0 . 0 0 9 2 6 . 1 6 TO T A L C A S H A C C O U N T 0 . 0 0 1 3 3 , 0 0 6 . 0 1 TO T A L F U N D 0 . 0 0 1 3 3 , 0 0 6 . 0 1 TO T A L R E P O R T 0 . 0 0 1 3 3 , 0 0 6 . 0 1 34 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 1 0 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 1 : 2 8 : 0 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 2 6 1 0 / 2 0 / 1 1 7 9 M U N I S E R V I C E S L L C 1 1 1 8 1 0 1 B U S L I C E N S E / P E 9 / 2 9 / 1 1 0 . 0 0 3 , 6 4 1 . 8 0 11 1 1 1 1 1 8 8 2 7 1 0 / 2 0 / 1 1 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 P A R K S - M A S T E R L O C K S 0 . 0 0 2 3 2 . 4 7 11 1 1 1 1 1 8 8 2 8 1 0 / 2 0 / 1 1 9 2 4 C O M P S H A R E D R I S K P O O L 6 1 2 8 5 0 1 P R E M I U M 1 0 / 1 - 1 0 / 3 1 / 1 1 0 . 0 0 5 3 , 8 9 8 . 9 9 11 1 1 1 1 1 8 8 2 9 1 0 / 2 0 / 1 1 1 C O U N T Y O F S A N T A C L A R A - F I 1 1 1 7 1 0 2 A N N U A L F E E S 2 0 1 1 / 2 0 1 2 0 . 0 0 2 8 , 0 9 8 . 0 0 11 1 1 1 1 1 8 8 3 0 1 0 / 2 0 / 1 1 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 C I T Y S U R V E Y O R S E R V I C E S 0 . 0 0 2 4 0 . 0 0 11 1 1 1 1 1 8 8 3 1 1 0 / 2 0 / 1 1 9 2 0 G O L D E N G A T E G R O U P T I C K E T 1 1 1 6 1 0 1 T O T E M 1 1 / 1 7 / 2 0 1 1 0 . 0 0 1 , 7 8 7 . 5 0 11 1 1 1 1 1 8 8 3 2 1 0 / 2 0 / 1 1 4 6 1 G O V E R N M E N T F I N A N C E O F F I C 1 1 1 3 1 0 1 M E M B E R S H I P D U E S 2 0 1 2 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 8 8 3 3 1 0 / 2 0 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 3 2 R E T E N T I O N H E L D P O # 0 1 9 0 . 0 0 - 1 , 7 1 8 . 9 3 11 1 1 1 1 1 8 8 3 3 1 0 / 2 0 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 3 2 9 2 7 4 - 0 0 1 J O E ’ S T R A I L / S A R A T O G A 0 . 0 0 1 7 , 1 8 9 . 2 6 TO T A L C H E C K 0 . 0 0 1 5 , 4 7 0 . 3 3 11 1 1 1 1 1 8 8 3 4 1 0 / 2 0 / 1 1 4 8 7 H O L L O W A Y , G A R Y L 1 1 1 6 1 0 1 F O L S O M T O U R 1 0 / 2 0 / 1 1 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 8 8 3 5 1 0 / 2 0 / 1 1 5 0 0 J , M A S O N S T U B B L E F I E L D 1 1 1 R E F U N D - A R B 1 0 - 0 0 3 6 0 . 0 0 9 1 0 . 0 0 11 1 1 1 1 1 8 8 3 6 1 0 / 2 0 / 1 1 5 0 0 J A C Q U E L I N E M C O R L E Y 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 8 8 3 7 1 0 / 2 0 / 1 1 5 0 0 J O A N N A G A R C I A 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 8 8 3 8 1 0 / 2 0 / 1 1 5 2 4 K I R K , R O B E R T 1 1 1 M E D R E I M / J U L Y - S E P T / 1 1 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 8 8 3 9 1 0 / 2 0 / 1 1 5 0 0 K I S H O R M I S T R Y 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 8 8 4 0 1 0 / 2 0 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 9 / 2 5 - 9 / 3 0 0 . 0 0 1 9 0 . 0 0 11 1 1 1 1 1 8 8 4 0 1 0 / 2 0 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 9 / 1 8 - 9 / 2 4 0 . 0 0 3 9 9 . 0 0 11 1 1 1 1 1 8 8 4 0 1 0 / 2 0 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 8 H R S / W E E K O F 9 / 1 1 - 9 / 1 7 0 . 0 0 1 5 2 . 0 0 TO T A L C H E C K 0 . 0 0 7 4 1 . 0 0 11 1 1 1 1 1 8 8 4 1 1 0 / 2 0 / 1 1 6 0 O N T R A C 4 1 1 9 1 1 1 - 0 0 1 S H I P P I N G C H A R G E S 0 . 0 0 1 4 8 . 6 0 11 1 1 1 1 1 8 8 4 2 1 0 / 2 0 / 1 1 5 0 0 P A D M A P R A K A S H 1 1 1 R E F U N D - A R B 1 0 - 0 0 3 4 0 . 0 0 1 , 9 9 0 . 0 0 11 1 1 1 1 1 8 8 4 3 1 0 / 2 0 / 1 1 5 0 0 P A T & J O H N R I C H A R D S O N 1 1 1 R E F U N D - A R B 1 1 - 0 0 4 1 0 . 0 0 2 , 3 2 0 . 0 0 11 1 1 1 1 1 8 8 4 4 1 0 / 2 0 / 1 1 3 3 4 P O W E L L , B A R B A R A 1 1 1 8 1 0 1 M E D I C A L R E I M 1 0 / 2 0 1 1 0 . 0 0 5 7 0 . 9 9 11 1 1 1 1 1 8 8 4 5 1 0 / 2 0 / 1 1 5 0 0 S A N D R A L I N 1 1 1 R E F U N D - A R B 1 0 - 0 0 2 2 0 . 0 0 2 , 1 4 0 . 0 0 11 1 1 1 1 1 8 8 4 6 1 0 / 2 0 / 1 1 3 0 8 T E S T I N G E N G I N E E R S 4 3 1 9 1 1 2 - 0 0 2 S A R A T O G A A V E O V E R L A Y 0 . 0 0 1 , 3 4 4 . 0 0 11 1 1 1 1 1 8 8 4 6 1 0 / 2 0 / 1 1 3 0 8 T E S T I N G E N G I N E E R S 4 3 2 9 2 7 4 - 0 0 1 T S T N G / I N S P E C - J O E S T R L 0 . 0 0 9 3 4 . 0 0 11 1 1 1 1 1 8 8 4 6 1 0 / 2 0 / 1 1 3 0 8 T E S T I N G E N G I N E E R S 4 1 1 9 1 4 2 - 0 0 4 T S T N G / I N S P E C - V L G E P E D 0 . 0 0 5 7 5 . 0 0 11 1 1 1 1 1 8 8 4 6 1 0 / 2 0 / 1 1 3 0 8 T E S T I N G E N G I N E E R S 4 1 1 9 1 4 2 - 0 0 4 T S T N G / I N S P E C - V L G E P E D 0 . 0 0 1 , 7 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 5 5 3 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 T R F C S F T Y M T G / S N A C K S 0 . 0 0 2 1 . 8 6 35 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 1 0 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 1 : 2 8 : 0 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C R E D I T - T E E N S N A C K S 0 . 0 0 - 1 4 . 4 9 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 Y O U T H C O M T R N G / S N A C K S 0 . 0 0 3 7 . 6 1 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 A D A M - M T H L Y E M A I L S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 A D A M - O F F I C E S U P P L I E S 0 . 0 0 1 5 3 . 8 1 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 2 0 1 A D A M - R E V E N U E T R N G 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 3 0 1 M A R Y - F E D E X / H R D E P T 0 . 0 0 2 6 . 1 4 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 M A R Y - O F F I C E S U P P L I E S 0 . 0 0 5 6 . 3 3 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 I C C D U E S - B L I N D 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 L O R I - C E R T L E T T E R 0 . 0 0 5 . 5 9 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 B U I L D I N G C O D E B O O K S 0 . 0 0 1 , 2 0 0 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 N F P A D U E S - B . L I N D 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - O N E L I N E B A C K U P S 0 . 0 0 1 0 1 . 9 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - I T / S U P P L I E S 0 . 0 0 1 1 3 . 7 7 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - H A R D D R I V E S 0 . 0 0 2 2 3 . 2 7 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 M A Y O R / C N C L M T G S 0 . 0 0 2 8 8 . 8 9 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 C O M D I N N E R E X P E N S E S 0 . 0 0 1 6 9 . 9 7 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 D E B B I E - O F C S U P P L I E S 0 . 0 0 5 5 . 7 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 3 0 2 W I L D W O O D / M O V I E E X P S 0 . 0 0 4 5 7 . 3 7 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 K I M - E X C U R S I O N E X P S 0 . 0 0 1 , 2 1 4 . 0 6 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 K E V I N - S T O R A G E B O X E S 0 . 0 0 8 . 1 2 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 J E S U S - T O O L / M A I N T 0 . 0 0 5 0 . 1 8 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 T H O M A S - O F C S U P P L I E S 0 . 0 0 1 7 . 3 1 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 T H O M A S - S A F E T Y A W A R D S 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 3 0 1 M O N I C A - 8 / 3 1 D E L I V E R Y 0 . 0 0 5 . 8 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 3 0 1 R E C R U I T M E N T E X P E N S E S 0 . 0 0 2 5 . 9 6 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - O F F I C E S U P P L I E S 0 . 0 0 3 8 . 2 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - C N C L M T G E X P E N S E S 0 . 0 0 1 4 . 9 8 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 R I C K - S T R E E T S / M T G E X P S 0 . 0 0 4 3 . 4 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 J O A N - O F F I C E S U P P L I E S 0 . 0 0 4 3 . 5 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 F A C I L I T I E S - S U P P L I E S 0 . 0 0 7 5 1 . 5 9 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 P E S T S E M I N A R / R A N D Y 0 . 0 0 2 3 5 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 B A S K E T B A L L N E T S / P A R K S 0 . 0 0 4 3 . 3 6 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 A R B O R I S T S E M I N A R 0 . 0 0 1 3 6 . 2 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C A M P G A M E S / S U P P L I E S 0 . 0 0 3 7 6 . 2 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T A Y L O R - P L U G N P A Y 0 . 0 0 3 0 . 1 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 E R G O N O M I C C H A I R / N I N A 0 . 0 0 1 4 0 . 7 1 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 1 8 4 0 1 P A R M A C O N F E R E N C E F E E S 0 . 0 0 2 9 5 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 P C S T U D Y S E S S I O N M T G S 0 . 0 0 2 0 1 . 2 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 A B B Y - P U B L I C A T I O N S 0 . 0 0 2 5 7 . 5 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 A B B Y - P U B L I C S T O R A G E 0 . 0 0 8 2 . 0 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 A B B Y - C A L E N D A R / K A T E 0 . 0 0 2 6 . 6 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 A B B Y - H P C T R A I N I N G 0 . 0 0 3 4 . 9 5 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 S H A H E E N - S T O R A G E B O X E S 0 . 0 0 4 0 . 7 4 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 S H A H E E N - C O N F / I V E T A 0 . 0 0 2 4 7 . 2 0 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 T H U M B S P L U S S O F T W A R E 0 . 0 0 1 2 7 . 9 6 11 1 1 1 1 1 8 8 4 9 1 0 / 2 0 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 7 1 0 2 L E O - D R I V E S F O R E O C 0 . 0 0 5 4 . 4 1 TO T A L C H E C K 0 . 0 0 8 , 1 5 0 . 2 5 11 1 1 1 1 1 8 8 5 0 1 0 / 2 0 / 1 1 6 1 3 W E S T V A L L E Y S A N I T A T I O N D 1 1 1 5 1 0 3 N P S S V C - 9 / 2 9 - 0 9 / 1 9 / 1 1 0 . 0 0 2 5 , 0 0 0 . 0 0 11 1 1 1 1 1 8 8 5 1 1 0 / 2 0 / 1 1 9 0 2 W E S T V A L L E Y T R A I L W A Y S 1 1 1 6 1 0 1 E X C U R S I O N 1 0 / 2 0 / 1 1 0 . 0 0 1 , 1 0 0 . 0 0 36 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 1 0 / 2 0 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 1 : 2 8 : 0 0 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 1 0 2 0 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 8 5 2 1 0 / 2 0 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 5 0 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 5 2 , 6 1 7 . 9 3 TO T A L F U N D 0 . 0 0 1 5 2 , 6 1 7 . 9 3 TO T A L R E P O R T 0 . 0 0 1 5 2 , 6 1 7 . 9 3 37 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works SUBJECT: Subdivision Improvement Agreement Amendment RECOMMENDED ACTION: 1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. REPORT SUMMARY: In May 2005, the City Council approved a two-lot subdivision located at Saratoga Creek Drive (SD-99-006) and authorized the City Manager to execute a Subdivision Improvement Agreement (Agreement). Per Paragraph 4 of the Agreement, all improvements were required to be completed within two years from the subdivision approval or within three extensions up to 180 days each granted by the Director of Public Works. Any further extensions require the City Council to amend the Agreement. All three time extensions were granted and additional three-year time extension was approved by the City Council in 2008 extending the Agreement until November 4, 2011. Warren A. Sturla, the owner, is requesting another three-year extension and release from the obligation to post the subdivision securities until such time as he or his successor or assigns begin the development. His formal request is attached. Mr. Sturla supports his request by citing a lengthy economy downturn period that has burdened the development. The attached Subdivision Improvement Agreement Amendment, if approved, grants a time extension not to exceed an additional three (3) years to complete the development improvements. The Amendment provides that the improvements must be completed within three (3) years from the date of the amendment or, if the property is sold, within two (2) years from the date of sale, whichever is sooner. The developer will also be required to furnish to the City the subdivision securities prior to issuance of any permit to do work on the property. It is therefore recommended the City Council approve the amendment to the Subdivision Improvement Agreement granting the extension for the requested amount of time and temporary release from the subdivision securities. 38 Page 2 of 2 FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Subdivision Improvement Agreement Amendment will not be executed. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Subdivision Improvement Agreement Amendment will be executed and recorded with the County. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Extension Request Letter 2. Subdivision Improvement Agreement Amendment 3. Subdivision Improvement Agreement 4. 2008 Subdivision Improvement Agreement Amendment 39 40 1 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT POSTPONING DEPOSIT OF THE REQUIRED SECURITY, REQUIRING REPOSTING OF SECURITY, AND EXTENDING THE TIME FOR COMPLETING WORKS OF IMPROVEMENT THIS AMENDMENT is entered into effective ________ (“Effective Date”) by and among Warren A. Sturla (hereinafter referred to as “Owner”) and Warren A. Sturla (hereinafter referred to as “Subdivider”) and the City of Saratoga (hereinafter referred to as “City”) with reference to property known as Assessor’s Parcel Number(s): 389-06-002 as described in more detail in Exhibit A hereto (the “Property”). RECITALS WHEREAS, in connection with the development of the subdivision of the Property (hereinafter known as “subject subdivision”), Owner, Subdivider and City entered into a Subdivision Improvement Agreement (the “Agreement”) which requires Subdivider to complete public facilities and other improvements which are a part of or appurtenant to the subject subdivision, including, but without limiting the foregoing, all required grading, erosion control, streets, street lights, utilities, traffic safety devices, paving, curbs and gutters, sidewalks, pathways, bikeways, catch basins, pipes, culverts, storm drains, sanitary sewers, street trees and street signs, water systems and fire hydrants all in accordance with and as required by the plans and specifications for all of said improvements (collectively, the “Works of improvement”), which plans and specifications were prepared by Creegan + D’Angelo, Civil Engineer on behalf of Subdivider and Owner, approved by the City Engineer and now on file in the Public Works Department; and WHEREAS, the Agreement was entered into on May 5, 2005 and recorded with the Santa Clara County Recorder on June 7, 2005 as Document No. 18405729; and WHEREAS, the City and Subdivider agreed to extend the timing of construction of Works of improvement by three (3) years in an Amendment to Subdivision Agreement (“First Amended Agreement”), entered into on September 16, 2008 and recorded with the Santa Clara County Recorder on October 30, 2008 as Document No. 20033343; and 41 2 WHEREAS, as part of that Agreement, Subdivider was required to post a bond for the Works of improvement to insure that the works was completed; and WHEREAS, Subdivider has not begun the Works of improvement as of the date of this Amendment; and WHEREAS, Subdivider desires to be released from the obligation to post the bond until such time as he begins the Works of improvement; and WHEREAS, the City is agreeable to amending the Agreement to allow the bond to be posted by Subdivider or Subdividers’ successor/s in interest, prior to the commencement of any work whatsoever and prior to issuance of any grading permit or other permit to begin the Works of improvement; and WHEREAS, Subdivider desires to extend the time limit for completing the Works of improvement for three (3) additional years; and WHEREAS, the City is agreeable to amending the Agreement to allow an additional time extension not to exceed another three (3) years to complete the Works of improvement, whereby the Works of improvement must be completed within three (3) years from the date of this agreement or, if the property is sold, within two (2) years from the date of sale, whichever is sooner. NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises and covenants of the parties hereto, the Agreement is amended to read as follows: “1. JOINT AND SEVERAL DUTIES Owner and Subdivider are hereinafter collectively referred to as “Developer” in this Agreement, but each shall remain jointly and severally liable for compliance with the terms of this Agreement. Developer hereby enters into an agreement with City, by the terms of which agreement Developer agrees to have the Works of improvement required by City completed on or before one year from the effective date of this Agreement in accordance with the Saratoga City Code (hereinafter “City Code”) (except as extended by Section 4 of this Amendment).” “3. DEVELOPER’S DUTIES REGARDING IMPROVEMENT WORK Developer hereby agrees that: (a) Prior to Developer commencing work Developer shall provide a Notice of Commencing Work to City. If Developer contemplates requesting a partial release, the Notice of Commencing Work shall include a schedule of work and a cost breakdown for each Work of improvement acceptable to the City Director of Public Works. 42 3 (b) All Works of improvement shall be constructed by Developer at Developer’s sole cost and expense in accordance with the improvement plans and specifications prepared by Developer’s Civil Engineer as previously approved by the City Engineer in a good and workmanlike manner, in accordance with all City standards, specifications and applicable laws, rules and regulations, to the satisfaction of the Director of Public Works. Developer agrees that the Director of Public Works shall have the right to reject any or all of the work to be performed under this Agreement if such work does not conform with the plans and specifications, City standards, or any applicable law, rule, or regulation; (c) The Works of improvement shall be maintained in good condition and repair and be guaranteed against any defects in material and workmanship for a period of one year from the date of final approval by the City (or such extended period of time thereafter as is necessary to repair any such defects to the satisfaction of the City); (d) Developer shall cause to be made and pay for soil tests conducted by a reputable soils testing laboratory to determine gradation, bearing, and resistance value of soils within the subject subdivision from which to determine the nature of the Works of improvement necessary. Developer shall also cause to be made and pay for all necessary tests including, but not limited to, necessary tests under Section 19 (Earthwork), Section 26 (Aggregate Bases), and Section 39 (Asphalt Concrete) of the most current edition of Standard Specifications issued by the California Department of Transportation as of the Effective Date of this Agreement. (e) Developer shall pay to the City the cost of inspecting the Works of improvement including the costs of staff time and any consulting services determined necessary by the Director of Public Works; (f) There is currently no security posted for the project. Prior to commencement of any work whatsoever and prior to issuance of any grading permit or other permit to begin the Works of improvement, Developer shall furnish to the City the improvement security as required in Section 5 of this Agreement and City Code Section 14-60.020 (g) Developer shall furnish to the City the release, indemnity agreement and insurance coverage required by Section 11 of this Agreement and City Code Section 14- 05.055.” “4. TIMING OF CONSTRUCTION OF WORKS OF IMPROVEMENT Developer hereby agrees to construct all required Works of improvement as follows: (a) As approved by the City Council, all required on-site and off-site improvements shall be complete to the satisfaction of the Director of Public Works prior to the issuance of the final inspection approval for any structure built on any parcel within the subject subdivision by: (1) October 26, 2014, or (2) if the property is sold, two (2) years 43 4 from the date of sale, as evidenced by recordation of the deed of sale conveying the property, whichever is sooner. (b) All off-site work (if any), shall be done prior to or concurrently with on-site work, unless otherwise expressly specified by the conditions of the tentative map for the subject subdivision, and initialed by the Director of Public Works here ____; (c) The time for completion may be extended by the Director of Public Works in his/her sole discretion, for good cause shown in writing by Developer. The Director of Public Works may, in his/her sole discretion, allow up to three extensions of this Agreement of up to 180 days each, provided that all requirements under this Agreement or imposed by law are met by Developer. Any further extension requires amendment and approval of this Agreement by the City Council; (d) In the event that Developer fails to complete the Works of improvement within the time specified herein, City may complete said work and Developer promises to pay City the full cost and expenses thereof or City may recover the same from Developer, the surety(s) and/or the holder(s) of improvement security, including reasonable attorney fees. City, in its sole discretion, may require Developer, the surety(s), and/or the holder(s) of improvement security to pay City in advance, sufficient monies to cover City’s cost in completing construction of the improvements; and (e) (e) In the event Developer has not completed the required works of improvement within the period of time allowed by this Agreement (including any duly obtained extensions), Developer shall not proceed further with any work of improvement unless and until approval to do so is obtained from the City. The City reserves the right, upon each renewal, to increase the security amounts to reflect increases in material, labor and equipment prices. Notwithstanding the foregoing, it is understood that in the event the Developer fails to complete any work of improvement within the required period of time that the City may proceed against the securities required by Section 5 of this Agreement, [this change is to make clear what we mean by “securities” – I believe they are all in section 5. If not, there may be another way to get the clarity I am looking for.] to obtain completion of such work of improvement, or may initiate proceedings to revert the subdivided property to acreage. “5. SECURITY (a) There is currently no security posted for the project. Prior to commencement of any work whatsoever and prior to issuance of any grading permit or other permit to begin the Works of improvement, Developer, or Developer’s successors or assigns, as provided for in Section 24, shall furnish to City good and sufficient security for: (1) faithful performance and guarantee of the work; and (2) payment of contractors, subcontractors and persons furnishing labor, materials or equipment. 44 5 (b) The security shall be one or more of the following forms at the option of, and subject to approval by, the City: (1) A bond (or bonds) of a duly authorized corporate surety in the forms attached hereto as Exhibits B and C respectively, each issued by a corporate surety duly authorized to transact business in the State of California (“State”); or (2) A deposit held by the City in cash or, if approved by the City Manager, negotiable bonds of the kind approved for securing deposits of public monies; or (3) An instrument of credit from an agency of the State, Federal or local government when any agency of the State, Federal, or local government provides at least twenty percent (20%) of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit or set aside letter issued by such a financial institution. The form and content of such instrument, letter of credit or set aside letter shall be subject to prior approval by the City Attorney; or (c) The security furnished by the Developer shall be in the following amounts and for the following purposes: (1) An amount equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, as determined by the Director of Public Works, securing faithful performance of the Works of improvement and guaranteeing against any defective work or labor done or defective materials furnished (herein “the Faithful Performance Security”). Liability upon the Faithful Performance Security shall both include, and be limited to the matters specified in Section 66499.9 of the California Government Code; and (2) An amount equal to one hundred percent (100%) of the total estimated cost of the Works of improvement as determined by the Director of Public Works, securing payment to the contractor, the subcontractors, and persons furnishing labor, materials or equipment for the Works of improvement or the performance of the required act(s) (herein “the Payment Security”); (3) As part of the obligation guaranteed by each security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing the obligation secured; and (4) At least ten percent (10%) of the Faithful Performance Security and Payment Security shall be provided in the form of a deposit held by the City in cash. (d) The Faithful Performance Security required under this Section shall remain in full force and effect for a period of one year following the completion of the work as continuing security for the Developer’s guarantee against any defective work or labor done or defective materials furnished, and thereafter until all deficiencies in construction, maintenance and repair have been corrected to the satisfaction of the Director of Public Works and final acceptance of all work is granted by the City 45 6 Council. Upon completion of the work, the Director of Public Works may, in his or her discretion, permit the Developer to reduce the amount of such Security if the Director of Public Works determines that a lesser amount will be sufficient to secure the Developer’s obligation to correct any defects in workmanship or materials. (e) The Payment Security required under this Section shall, after final acceptance of the work and passage of the time within which claims of lien or nonpayment are required by law to be recorded, be reduced to an amount equal to the total claimed by contractors, subcontractors and all persons for whom claims of lien or nonpayment have been properly recorded and timely notice thereof given in writing to the City, and if no such claims have been recorded, the Payment Security shall be released in full. The reduction or release of security authorized herein shall not apply to any amount deemed by the City Manager to be necessary as security for costs, expenses and fees, including reasonable attorneys’ fees that may be incurred by the City as a result of any breach of this improvement Agreement by the Developer. (f) If the required improvements are financed and installed pursuant to a special assessment proceeding and the contractor has furnished a Faithful Performance Security and Payment Security as required by the special assessment act pursuant to which the improvements are being constructed, the improvement securities required under this Section may, in the sole discretion of the Director of Public Works be reduced by an amount corresponding to the amount of such securities so furnished by the contractor. (g) Any damage to Works of improvement or property as provided in Section 11 of this Agreement that occurs during or within one year after completion of the Works of improvement shall be completely repaired to the satisfaction of the Director of Public Works by Developer before release of improvement security. (h) Each security required in order to comply with this Agreement shall be maintained in full force and effect unless and until the obligation to provide such security is released, or partially released by the Director of Public Works in writing. (i) Release of each security by City shall be in compliance with Section 66499.7 of the California Government Code. (j) Where the performance of an obligation for which a security is required is subject to the approval of another agency, the City shall comply with Section 66499.8 of the California Government Code.” 24. MODIFICATION AND COMPLETE UNDERSTANDING; BINDING ON SUCCESSORS AND ASSIGNS; RUNS WITH PROPERTY; ORIGINAL DEVELOPER PRIMARILY LIABLE This Agreement sets forth the complete understanding of the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties in connection with the subject matter thereof. No supplement, modification, discharge, 46 7 waiver or termination of this Agreement or any provisions hereof shall be binding unless executed in writing by the parties to be bound thereby. This Agreement shall be binding upon the successors and assigns of each of the parties. Developer shall inform potential buyers of parcels of land created by the underlying subdivision of the obligations on successors and assigns created by this Agreement, including the fact that there is currently no improvement security posted for the project. Developer shall inform potential buyers that successors and assigns must furnish to the City the improvement security as required in Section 5, prior to commencement of any work whatsoever and prior to issuance of any grading permit or other permit to begin the Works of improvement. Developer shall also inform potential buyers that the Works of improvement must be completed by (1) October 26, 2014, or (2) two (2) years from the date of sale, as evidenced by recordation of the deed of sale conveying the property, whichever is sooner. Developer shall provide a copy of the original executed Agreement and all Amendments to this Agreement (including this Amendment) to each potential buyer. Developer agrees to provide City with acknowledgment of his/her disclosure to each potential buyer of their rights and responsibilities under this Agreement pursuant to the form provided in Exhibit F. Developer agrees that the sale of all or part of the lands of the underlying subdivision does not automatically transfer from or in any way relieve the Developer of the duties to perform or the security obligations of this Agreement. Those duties to perform and security obligations attach to Developer as of the Effective Date of this Agreement and remain until all obligations of Developer under this Agreement are fulfilled or transferred by substitution of a replacement agreement and replacement securities acceptable to the City.” Except as specifically provided in this Amendment, all terms of the Agreement shall remain in full force and effect. To the extent there is any conflict between the Amendment and the Agreement, the terms of the Amendment shall control. 47 8 IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on __________, 2011. Date __________ Owner: WARREN A. STURLA ____________________________________ Date___________________ Subdivider WARREN A. STURLA ____________________________________ Date__________________ City CITY OF SARATOGA By: __________________________ Dave Anderson City Manager INSTRUCTIONS This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT STATE OF CALIFORNIA _____________________________) COUNTY OF _______________________________________) 48 9 On ___________, 2___, before me, _____________________________________, personally appeared ______________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity as Subdivider, and that by his/her signature on the instrument, the person, or the entity on behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature ___________________________________ [Seal] 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Catherine Engberg Labor Negotiating Team Acting City Attorney SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the Saratoga Employee Association (SEA) RECOMMENDED ACTION: Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga Employee Association (SEA) July 1, 2011 to June 30, 2015. BACKGROUND: SEA is the labor organization or exclusive representative of the employees and mid-management employed by the City, excluding employees and mid-management in the Streets and Parks Divisions represented by the “UNION”. SEA and the City’s labor negotiations team have met on numerous occasions regarding the terms and conditions of employment for the bargaining unit. The results of these negotiations are contained in the attached Memorandum of Understanding (MOU). The previous Memorandum of Understanding (MOU) with SEA expired on September 30, 2011. Preceding the expiration of the MOU on September 30, 2011, the City and SEA agreed to changes to the MOU on August 17, 2011 in a Side Letter of Agreement to reduce personnel related expenditures to address the budget shortfall resulting in Fiscal Year 2011-2012 savings of approximately $229,000 in total compensation and benefits. The following is a summary of short and long-term key issues that the City and SEA have reached agreement on: • Retirement: Effective September 1, 2011, each SEA unit member will contribute 7% of his/her compensation on a pre-tax basis for the employee’s seven (7) percent fixed share of the CalPERS defined benefit retirement program. Pension reform includes a 2-tier retirement plan for employees hired after the City completes the PERS-required process. These employees will be provided a 2%@60 defined benefit retirement formula with a three (3) year average of salary as part of the retirement calculation. 81 Page 2 of 2 • Medical Insurance Premiums: Medical insurance premium costs for employees continue to grow year after year at rates that exceed the city’s revenue growth. For employees hired after July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for each tier of coverage, with the employee paying the amount above the City’s contribution level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for employee and two or more dependents). • Elimination of Bi-Annual Salary Survey: Effective July 1, 2011, Article III. Salary Administration A. Salary Ranges (Bi-Annual Salary Survey) will be eliminated from the MOU (despite the bi-annual salary survey being included in the City’s Personnel Rules, the language will not apply to SEA as this provision in the MOU makes it inapplicable.) • Paid Time Off (PTO) Cap: The City will enforce its PTO cap. • Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried) employees and tracked in increments of one hour or more in a workday. • Furlough: SEA unit members will take two (2) furlough days during FY2011-2012. SEA will confirm its ratification results by Monday, October 31, 2011. FISCAL IMPACTS: In Fiscal Year 2011-2012, the savings is approximately $229,000 in total compensation and benefits. Additional savings will be realized in future years. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: SEA unit members would continue to receive benefits as per SEA’s Memorandum of Understanding which expired on September 30, 2011 and per the City and SEA agreement to changes to the MOU on August 17, 2011 in Side Letters of Agreement. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): The future scheduled longevity pay for SEA positions will be effective upon unit members eligibility. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. MOU TA 3. MOU TA – SEA Attachment A 82 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING MEMORANDUM OF UNDERSTANDING FOR THE SARATOGA EMPLOYEE ASSOCIATION (SEA) July 1, 2011 to June 30, 2015 WHEREAS, representatives of the City and SEA have reached agreement on matters relating to the employment conditions of said employees, as reflected by the written Memorandum of Understanding, which is attached hereto and made a part hereof; and WHEREAS, the Memorandum of Understanding was ratified by the SEA membership; and WHEREAS, this Council finds that the terms and conditions contained in said Memorandum of Understanding fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in said Memorandum of Understanding for the Saratoga Employee Association July 1, 2011 to June 30, 2015 attached as Exhibit A to this resolution are hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of November 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 83 TENTATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (FINAL DRAFT 10/27/2011) 1 006055.00004/10103397v1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SARATOGA AND SARATOGA EMPLOYEE ASSOCIATION (SEA) JULY 1, 2011 TO JUNE 30, 2015 I. INTRODUCTION This Memorandum of Understanding (MOU), or “AGREEMENT”, dated July 1, 2011, is between the City of Saratoga through its designated representatives, hereinafter referred to as "CITY" and the Saratoga Employees Association (SEA), hereinafter referred to as "SEA." This MOU complies with the provisions of the Meyers-Milias-Brown Act, as contained in Section 3500, et seq., of the Government Code of the State of California in that the employer-employee representatives noted herein did meet in good faith and did reach an understanding on those matters within the scope of representation. This MOU also complies with Resolution No. 509-2 relating to employer-employee relations, and Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized employee organizations. II. GENERAL CONDITIONS A. Total Agreement This Agreement sets forth the full and entire understanding of the parties for the period beginning July 1, 2011, and continuing through June 30, 2015. This Agreement shall remain in effect until a new Agreement is signed by both parties. This Agreement supersedes any prior understandings, representations, agreements or promises of any kind, whether written, oral, express, or implied between the parties (including all prior Memoranda of Understanding) with respect to the subject matter of the Agreement. No verbal statement or other amendments, except an amendment mutually agreed upon between the parties and in writing attached to this Agreement designated as an amendment to this Agreement, shall supersede or vary the provisions in this Agreement. If any provision of this Agreement is adjudged to be void or unenforceable, the remainder of the Agreement shall nevertheless remain in effect. Except as specifically provided in this Agreement, it is agreed and understood that the SEA waives its right and agrees that the CITY shall not be required to negotiate with respect to any subject or matter covered in this Agreement or with respect to any other matters within the scope of negotiations during the term of this Agreement. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 84 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 2 006055.00004/10103397v1 B. City Council Approval City Council approval of the terms of this MOU is incorporated in Resolution No. _____________ adopted on _______________, 2011. C. Validity of Memorandum Should any article, section, or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, the court's decision shall only apply to the specific article, section, or portion of this Agreement directly specified in the decision, and the remainder of this Agreement shall not be affected by the decision. D. CITY Rights The CITY reserves, retains, and is vested with any management rights not expressly granted to the SEA by this Agreement. These CITY rights include but are not limited to the right to: 1. Determine and modify the organization of City government and its constituent work units; 2. Determine the nature, standard, levels, and mode of delivery of City services; 3. Determine the methods, means, number, and kind of personnel by which City services are provided; 4. Determine the procedures and standards for selection for employment and promotions; 5. Establish employee performance standards including, but not limited to, quality standards, and to require compliance with those standards; 6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws, the Saratoga Municipal Code, Personnel Rules and Administrative Policies; and 7. Relieve employees from duty because of lack of work or lack of funds, or for inability to perform the job as required, subject to the Personnel Rules and Policies. E. Meyers-Milias-Brown Act (MMBA) Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the impact of the exercise of those rights, which are mandatory subjects of bargaining under the Meyers-Milias-Brown Act. 85 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 3 006055.00004/10103397v1 III. 5-STEP RANGE TABLE PAY PLAN AND COST OF LIVING ADMINISTRATION A. 5-Step Range Table Pay Plan See Exhibit A for the fiscal year 2011-12 5-step range table pay plan including the 1.37% cost of living adjustment effective July 1, 2011. Effective July 1, 2011, despite the City’s Personnel Rules and Policies providing for pay range adjustments as a result of the bi-annual wage survey of comparable cities, the language will not apply to SEA as the provision III. Salary Administration, Section A. Salary Ranges in the MOU was eliminated and makes inapplicable the language in the City’s Personnel Rules and Policies about the bi-annual wage survey and pay range adjustments. B. Compensation Cost of Living Adjustment – For fiscal year 2011-12, each SEA member shall receive a cost-of-living adjustment of one and 37/100 percent (1.37%). For each subsequent year of this MOU, each SEA member shall receive an annual cost-of- living adjustment of no less than one percent (1.0%) and no greater than two and one-half percent (2.5%) as based upon the annual average for the 12 month period of January 1 to December 31 of the U.S. Department of Labor, Bureau of Labor Statistics, “All Urban Consumers (CPI-U)” for the “San Francisco-Oakland-San Jose” region. If the annual average falls below one percent (1.0%), each SEA member shall nevertheless receive a minimum one percent (1.0%) cost-of-living adjustment; if the above Index increases above two and one-half percent (2.5%), each SEA member shall nevertheless receive a maximum two and one-half percent (2.5%) cost-of-living adjustment. Pay – Employees occupying a position in a classification covered by this MOU shall be paid a base salary (exempt FLSA status) or hourly rate of pay (non-exempt FLSA status) within the range established for that position’s classification. Placement Within 5-Step Range Table –The CITY will determine placement consistent with the Personnel Rules and Policies. Progression Within 5-Step Range Table – Each employee will be eligible to receive a salary increase to the next higher step within the range of their assigned classification upon the employee’s anniversary date of hire. Eligibility for Progression within Range - All regular and eligible employees (with reference to the paragraph immediately above) will be evaluated on an anniversary basis and will advance in their pay range based on anniversary performance evaluation results. 86 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 4 006055.00004/10103397v1 No increase in pay shall be automatic solely upon completion of a specified period of service. All increases shall be contingent upon a satisfactory anniversary evaluation of the employee’s performance, and shall require recommendation of the Department Head. In the case that an employee receives a cumulative rating of less than three (3) points on the aniversary performance evaluation, indicating a cumulative rating less than “meets expectations”, the employee will not receive a pay increase other than an approved and budgeted cost-of-living increase in accordance with Article III. 5-Step Range Table Pay Plan and Cost of Living Administration, Section B. Cost of Living Adjustment. An employee who is denied an increase in pay may discuss such denial with his/her Department head and the City Manager (or his/her designee). The decision of the City Manager (or his/her designee) shall be final. An employee who has received a cumulative rating of three (3) points or greater during the anniversary employee performance evaluation will be eligible to receive a pay increase of five percent (5%) (1 step) above their existing pay, until such time as the employee reaches the top of his/her pay range, at which time the employee shall not advance beyond the top of the established range, except as provided for in Article III. 5-Step Range Table Pay Plan and Cost of Living Administration, Section C. Performance Incentive Compensation. Promotion - Promotion is the movement of an employee from one classification to another classification having a higher salary range. At the time an employee is promoted, his or her salary shall be adjusted as follows: If the first step in the salary range for the employee’s new position is at least five percent (5%) greater than the employee’s current salary range, the employee shall be moved to the first step of the new salary range. If the first step in the salary range for the employee’s new position is less than five percent (5%) greater than the employee’s current salary range, the employee shall be moved to the step which would provide, at a minimum, a five percent (5%) increase in salary. If no step in the salary range for the new position would provide the employee with at least a five percent (5%) salary adjustment, the employee shall be moved to the top step of the new salary range. All promotional appointments shall be subject to a probationary period of one year. During the probationary period, a supervisor may evaluate an employee at any time. Upon successful completion of the twelve-month probationary period, a written evaluation will be prepared. At the completion of a successful probationary period, the employee shall be granted regular employment status and may advance in his/her salary range as part of the anniversary evaluation process. If it is determined through employee performance evaluation that an employee subject to a promotional appointment does not pass probation, the probationary employee shall be reinstated to the position from which he or she was promoted provided that position is vacant and funded and provided that the employee subject to not passing probation did not violate the Personnel Rules and Policies' list of causes for discipline (except that an 87 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 5 006055.00004/10103397v1 employee who has unsatisfactory job performance based on lack of knowledge, skills, and abilities required of the higher classification will be allowed reinstatement to the lower classification if the conditions are met.) If no vacancy exists, the employee may ask to be placed on a re-employment list. C. Performance Incentive Compensation Employees represented by SEA who have remained at Step 5 for five (5) years may be eligible for an additional five percent (5%) of pay following receipt of a cumulative rating of three (3) points or greater during the anniversary employee performance evaluation. Five (5) years after meeting the criteria for the initial performance incentive compensation described above, a qualified employee -- that is an employee who has remained at five percent (5%) above the top of his/her same salary range -- may be eligible for an additional salary increase of five percent (5%), for a maximum of 10% above Step 5 following receipt of a cumulative rating of three (3) points or greater during the anniversary employee performance evaluation. D. Anniversary Employee Evaluations The CITY administers an anniversary employee evaluation process. The process includes a voluntary self evaluation prepared by the employee and a performance evaluation prepared by the employee’s supervisor/manager. Ratings on the Performance Evaluation are tied to the following numerical scores: Score Rating Description 1 Unsatisfactory 2 Below Expectations 3 Meets Expectations 4 Exceeds Expectations 5 Outstanding The employee is rated on his/her performance in up to eight (8) categories: Customer Service Ability to Work Well with Others Quality of Work Accountability Initiative Communication Skills Flexibility Supervision – if applicable The employee receives a composite score based upon individual ratings received under each category. An employee who has received a cumulative rating of three (3) points or greater during the anniversary employee performance evaluation will be eligible to receive a pay increase of five percent (5%) (1 step) above their existing pay until the employee reaches step 5. E. Furlough Days Effective September 1, 2011, each SEA unit member will forego receiving payment for 2 days of furlough on days that would otherwise be work days between September 1, 2011, 88 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 6 006055.00004/10103397v1 and June 30, 2012. The employee is not to perform any work on the furlough day. The two days of City-wide furloughs will be approved by the City Manager after receiving employee input. A supervisor may require in writing that an employee will take a different day off as a furlough day when necessary for operational needs. The supervisor will only authorize an employee to take a different day off when necessary for the City’s operational needs (such as the IT department working on a City-wide furlough day to perform an IT upgrade that needs to be performed when others are not working). No PTO (or any other paid time off such as administrative leave or compensatory time off) can be used on the furlough day each month because each furlough day must result in no cost to the City. Specific Rule Application for Exempt Employees Deductions from the pay of an exempt employee of a public agency for absences due to a budget-required furlough shall not disqualify the employee from being paid on a salary basis except in the workweek in which the furlough occurs and for which the employee’s pay is accordingly reduced (29 C.F.R. 541.710). In a week that includes a furlough day, an overtime-exempt employee cannot work beyond the employee’s regularly scheduled work hours. IV. WORKING CONDITIONS The CITY will continue to operate on a 9/80 work schedule to be determined by the City Manager and Directors where a full-time work week constitutes forty (40) hours within seven consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Employees on a 9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off every two weeks. An employee’s workweek begins in the middle of the employee’s 8 hour day and the employee’s day off is on the same day of the week in the following week. For example, the standard 9/80 work schedule for most SEA members is as follows: Sunday Monday Tuesday Wednesday Thursday Friday Saturday off 9 9 9 9 4 (end) off 4 (start) off 9 9 9 9 off (end) off off (start) off 9 9 9 9 4 (end) off 4 (start) 89 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 7 006055.00004/10103397v1 off 9 9 9 9 off (end) off off (start) Written Authorization signed by the City Manager is required for a work schedule arrangement different from the standard 9/80 schedule. The written authorization must be filed with the Human Resource and Payroll Divisions. Fridays when the CITY is not open for business are referenced as “off-Fridays.” The work period (pay period) is the period encompassing two consecutive workweeks. A holiday furlough will exist whereby the CITY operations are closed from December 24 through January 1 of every year. Employees shall utilize their available balances (administrative leave, earned paid time off, or earned compensatory time), if applicable. Employees that utilize unpaid leave due to an insufficient leave balance shall maintain regular benefit status. Employees may not utilize unpaid leave prior to exhausting their available balances. V. OVERTIME WORK Those employees eligible through the Fair Labor Standards Act for overtime shall receive it according to the law: (1) Overtime for all eligible SEA members shall be defined as any time worked beyond the standard work week as described above. The 9/80 work schedule may not be used in any application that requires entitlement to FLSA overtime as the CITY and SEA agree to the 9/80 work schedule; (2) Overtime compensation shall be computed at one-and-a-half times the employee’s regular rate of pay for hours worked over 40 hours in one workweek; Overtime is paid only for hours worked beyond 40 hours in a week, not hours paid. All employee overtime must be preapproved in advance of the employee working overtime and in writing by the Department Head. The employee’s written authorization to work overtime is required to be turned in with the employee’s time sheet for each pay period. VI. STANDBY PAY Non-exempt employees may be assigned to standby duty as determined and as assigned in advance by the City Manager or Department Head. Employees assigned to standby duty must report for duty within one hour of notification and be able to perform the duties as assigned. Employees assigned to standby duty will be issued City cell phones and must answer telephone calls. Employees are compensated $25.00 for each weeknight, defined as from the end of the employee’s work day's shift to the beginning of the next day's shift, and $50.00 per day for 90 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 8 006055.00004/10103397v1 each weekend, defined as the end of the employee’s workday on Thursday of an off-Friday week or Friday of an on-Friday week to the beginning of the next workday (off-Friday, Saturday, Sunday), or holiday assigned to standby status, unless an employee’s regularly scheduled work day includes an off-Friday, Saturday, or Sunday. If an employee’s regularly scheduled work day includes an off-Friday, Saturday, or Sunday, such an employee receives only the $25.00 for standby after working the employee’s regularly scheduled shift. VII. CALL OUT PAY Non-exempt employees who are called out to perform work of an emergency nature after the employee’s regularly scheduled workday are compensated for a minimum of one (1) hour for each occurrence at one and one-half (1.5) times the employee's regular hourly rate of pay. Employees will be compensated from the time they leave their residence until their direct return home after being released from the assignment. A second call out while responding to the first does not restart the clock. For example, if an employee is responding to a call out that begins at 2 p.m. and receives a second call at 2:15 p.m., and both calls are addressed and the employee is home by 3 p.m., both calls are within the one-hour minimum. VIII. DIFFERENTIAL FOR SPLIT SHIFT SEA members in the Facilities Maintenance classification shall receive an additional $25.00 for each day when required to work a split shift. A split shift means a work schedule that is interrupted by non-paid and non-working periods of more than one hour scheduled by the City other than rest or meal periods. For example, if the City scheduled a Facilities Maintenance employee to work from 8 to 11 a.m. and again the same day from 2 to 7 p.m., the break of more than one hour mid-day is a split shift. IX. MEAL REIMBURSEMENT The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee who is required to work extended overtime or who is required to work an extended emergency call out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive hours during a scheduled work day or if the employee works in excess of four (4) hours during an emergency call out. Two meals will be provided if work is required in excess of eight (8) hours during an emergency call out. X. BENEFITS A. Health and Dental Premium Contributions and In-Lieu Payments The CITY contributes 100% of the medical premium for regular, full-time employees who elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for employee only, employee & 1 dependent, and employee & 2+ dependents. For employees who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, depending on the plan choice (i.e. employee only, employee & 1 dependent, or employee & 2+ dependents). 91 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 9 006055.00004/10103397v1 The CITY contributes 100% of the dental premium for regular, full-time employees. The health and dental contributions paid by the City for regular part-time employees and full time employees working less than full time will be pro-rated in proportion to the number of hours worked or accrued leave hours paid. Effective January 1, 2012, an employee who completes and submits required documents (1) to prove that the employee has other health insurance and/or dental coverage and (2) to waive City-provided health insurance and/or dental coverage will receive a payment per month of $350.00 for medical cash in-lieu and $25.00 per month for dental cash in-lieu as additional taxable wages. The employee must complete and submit any required documents and provide proof of other health and/or dental insurance coverage during open enrollment (in or around October) to be eligible for the health and/or dental cash-in-lieu payment beginning the following January. Only qualifying events as defined by law allow employees to make a change to their health, dental, and/or in-lieu enrollment elections during the year (outside of the annual open enrollment period). If an employee submits proof of other coverage at a time other than open enrollment, Human Resources will process the cash in-lieu payment(s) effective the date following the last date of enrollment in the health and/or dental plan which is determined by the health and/or dental plan contracts. The monthly health and/or dental cash in-lieu payments for regular part-time employees and full-time employees working less than full time will be pro-rated in proportion to the number of hours worked or accrued leave hours paid. B. Health Insurance for New Hires Effective July 1, 2011, for any employee hired on or after July 1, 2011, the City will provide a monthly health insurance contribution as follows: $600.00 for employee-only coverage, $1200.00 for employee plus one dependent coverage, and $1500.00 for employee plus two or more (family) coverage. If an employee selects a health insurance plan with a monthly premium above the City contribution, the employee will pay the amount above the City contribution as a payroll deduction. C. Life and Accidental Death Insurance The CITY provides $50,000 of life and accidental death and dismemberment insurance for all non-management, and $100,000 of life and accidental death and dismemberment insurance for mid-management employees. SEA members designated mid-management include the City Clerk, Senior Recreation Supervisor, Facilities Maintenance Supervisor, Building Official, Senior Civil Engineer, Senior Planner/Planning Manager, and Senior Arborist. Coverage shall begin on the first day of the month following date of hire and ends on the date of separation. 92 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 10 006055.00004/10103397v1 Employees may purchase additional life insurance for themselves and/or their dependents; however, availability of additional insurance is subject to the group carrier's requirements. D. Confidential Employees The CITY may designate certain employees as “Confidential.” Confidential employees are privy to management decisions and related confidential information regarding employer/employee relations. Confidential employees on the list below shall be restricted from representing SEA on matters within the scope of representation. Effective on the date of this agreement, employees occupying the following positions are designated as “Confidential”: Position Department Administrative Analyst I/II CM Department City Clerk CM Department Executive Assistant to the CM/Deputy City Clerk CM Department Accounting Technician F&A Department Accountant I/II F&A Department IT Administrator F&A Department E. Administrative Leave Administrative Leave is compensated time off given to regular, full-time exempt employees of the CITY. This leave shall be taken in a manner consistent with Paid Time Off (PTO). Use of administrative leave is a privilege and is provided in recognition that CITY projects often require employees to devote whatever hours are necessary, irrespective of a regular scheduled workweek, to fulfill the obligations of the job. CITY shall grant SEA members in exempt classifications, on a fiscal year basis, twenty (20) hours of administrative leave. Such leave shall be taken in a manner consistent with the use of PTO. Administrative leave cannot be carried over from year to year, and must be used by June 30th of the fiscal year in which it was accrued. Administrative Leave must be exhausted prior to using PTO. Administrative Leave Timecard Reporting: Administrative Leave must be taken by exempt employees in increments of (1) hour or more in a workday. For example, when the employee leaves work one hour early to take care of personal business. 93 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 11 006055.00004/10103397v1 F. Paid Time Off (PTO) FY 2011-12 PTO Cash-Out Option: For each employee with over 400 hours of accrued PTO as of August 31, 2011, the City will offer a one-time cash-out of accrued PTO down to 400 hours. Eligible employees will receive the cash value payment as soon as feasible. FY PTO Cash-Out Option Effective Fiscal Year 2012-2013 through Fiscal Year 2014- 2015: A PTO Cash-Out Option will not be made other than at the time of termination, except for the optional PTO cash-out plan described as follows: If an employee has used the required minimum of 80 accrued hours of PTO in the prior fiscal year, the employee is eligible to cash out up to a maximum of 200 accrued hours of PTO per fiscal year on approximately September 1 and/or March 1. An employee must maintain a minimum balance of 200 hours of accrued PTO after the cash out. PTO Accruals: Effective September 1, 2011, the PTO accrual cap of 600 hours in the Personnel Rules will be enforced. Under no circumstances can an employee accrue more than the accrual PTO cap at any point in time. Once an employee reaches the accrual cap, no additional PTO will accrue until the employee uses his or her accrued PTO and reduces the balance to less than the accrual cap. Thereafter, PTO benefits will continue to accrue on a prospective basis only until the employee reaches the cap. No retroactive credit will be given for the time when accrued PTO was at the cap. PTO Timecard Reporting: PTO must be taken by exempt employees in increments of one hour or more in a workday. For example, when the employee leaves work one hour early to take care of personal business. 94 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 12 006055.00004/10103397v1 XI. RETIREMENT (PERS) The CITY is a contracting agency of the California Public Employees Retirement System (PERS). Regular employees become members immediately upon employment and become vested after five years of full-time service. On an annual basis, PERS provides the City with an “annual employer statement” which includes a description of the benefits included in the City’s contract with PERS for the 2%@55 plan (contract effective date: September 1, 1999) and the 2%@60 plan (effective date to be determined). On an annual basis, the CITY will provide SEA members a copy of the 2%@55 and 2%@60 reports following the City’s receipt of the reports by PERS. Effective October 26, 2011 the City will provide SEA members a copy of the 2%@55 “annual employer statement.” Tier 1: CalPERS Retirement Plan of 2%@55 for Employees Hired Before July 1, 2011: The CITY, through its contract with PERS, provides for retirement benefits for any employee hired before July 1, 2011 as defined by the 2%@55 retirement plan formula (contract effective date: September 1, 1999). The City’s 2%@55 contract with PERS includes Government Code 20042 – the final compensation is the average full-time monthly pay rate for the highest 12 consecutive months. Effective September 1, 2011, each employee covered by the 2%@55 retirement plan formula will pay 7% of the employee’s compensation on a pre-tax basis. Tier 2: CalPERS Retirement Plan of 2%@60 for Employees Hired After July 1, 2011: Effective upon agreement from all City bargaining groups and as soon as the City can complete the legally-required process with PERS, a Tier 2 Retirement Plan of 2%@60 will be implemented for any employee hired on or after July 1, 2011. The City’s 2%@60 contract with PERS will include Government Code Section 20037 – the final compensation is the highest average annual compensation earnable by a member during the three consecutive years of employment immediately preceding the effective date of his or her retirement. Each employee covered by the 2%@60 plan will pay 7% of the employee’s compensation on a pre-tax basis. XII. UNIFORM AND CLOTHING ALLOWANCES Each regular full-time employee in the following positions shall receive an allowance of $200 per fiscal year for the purchase of safety boots, protective clothing, and laundering of uniform shirts: Facilities Maintenance Worker I/II/III, Lead Facilities Maintenance Supervisor Code Compliance Specialist Building Inspectors 95 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 13 006055.00004/10103397v1 Three shirts per employee per year are purchased directly by the City in the colors designated by the City. This $200 allowance shall be paid on the second pay date in July. The allowance shall be prorated from the date of hire for a newly hired employee. The allowance is reported to PERS as salary earned. XIII. TUITION REIMBURSEMENT All regular employees of the CITY who have been employed continually for at least one year prior to the commencement of an approved or required course are eligible for the CITY’s tuition reimbursement program. A. Coursework for Degree or Certificate If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal year. The Department Head and City Manager will determine job-relatedness. B. Coursework for Professional Development If the course(s) is/are not specifically related to the employee’s current position, and does not fulfill the requirements for a degree or certificate, but does provide for professional development related to the worker’s position of employment or a higher position in the CITY, reimbursement will be afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a maximum five hundred dollars ($500) per employee per fiscal year. Reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system. XIV. GRIEVANCE PROCEDURE A. Policy - The goal of this grievance procedure is to make every reasonable effort to resolve applicable complaints as near as possible to the point of origin. B. Eligibility to File a Grievance - A grievant is a regular employee who is personally affected by an act or omission that occurred no more than 15 calendar days prior to the reporting of the grievance, provided that the act or omission comes within the definition of “grievance” as described herein. C. Definition of “Grievance” - Subject to the exclusions, a grievance is defined as any dispute that: (1) is job-related, (2) is wholly or partially within the province of the CITY to rectify or remedy, (3) concerns terms and conditions of employment, (4) involves the interpretation, application, or alleged violation of a specific section or provision of the current MOU between the CITY and SEA, and (5) is not subject to any other CITY dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement. 96 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 14 006055.00004/10103397v1 D. Exclusions from the Grievance Procedure - The following matters are excluded from the definition of “grievance”: 1. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meeting and conferring process or matter within the scope of representation; 2. Requests for changes in the content of employee evaluations or performance reviews, oral or written warnings, reprimands or counseling; 3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase; 4. Challenges to any disciplinary action; 5. Challenges to examinations or appointment to positions; 6. Management of the CITY generally, or issues of CITY or Department policy; 7. Determination of the nature, necessity or organization of any service or activity conducted by the CITY, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs; 8. Methods of financing; 9. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force; 10. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out CITY functions; 11. Determination of work assignments and schedules; 12. Determination of productivity or performance programs and standards; 13. Determination of standards, policies, and procedures for selection, training, and promotion of employees; and 14. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities. E. Arbitration and Grievance Procedure - If the SEA believes that the CITY has violated this Agreement, such matters arising during the term of this MOU (“grievances”) will be resolved through this Grievance Procedure, which is the sole and exclusive method of doing so. 97 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 15 006055.00004/10103397v1 1. STEP (1) - The SEA Representative will attempt to resolve the matter with the supervisor. If the matter is not resolved, the SEA will file a written grievance with the CITY’s Human Resources representative within fifteen calendar days after the employee or SEA is aware or reasonably should be aware of the act or omission that caused the grievance. The grievance shall specify the date(s) of the alleged violation(s) and the provisions of the Agreement applicable to the dispute. A grievance not filed in writing within the above time shall be invalid or waived, excepting any complaint relative to wages shall not be deemed invalid or waived until thirty (30) calendar days subsequent to origin of cause of the complaint and in no event shall an employee be deprived of actual wages due. 2. STEP (2) - The CITY shall answer the grievance in writing within fourteen (14) calendar days after the written grievance is filed. The City Human Resources representative and the SEA will discuss the grievance during this period. If the grievance is not settled, the SEA may advance it to Step 3 by giving written notice to the City Manager within seven (7) calendar days after the CITY Human Resources representative answers the grievance in writing. If the CITY does not timely file an answer, the grievance will automatically advance to Step 3 and the SEA may request to meet with the CITY manager. 3. STEP (3) - During the seven (7) calendar days after a grievance advances to Step 3, the City Manager and the SEA will attempt to settle it. If it is not settled during that seven (7) calendar day period, the SEA may advance it to Arbitration by delivering written notice to the City Manager within fourteen (14) calendar days after the end of the seven (7) calendar day period. In the absence of such written notice, the grievance will be settled on the basis of the CITY’s answer. The time limits in this Grievance Procedure may be extended by mutual written agreement. Each party will provide the other with a current address of that party’s representatives identified above. 4. ARBITRATION (a) Upon filing by the SEA of an appeal to arbitration as provided in Step 3 of the Grievance Procedure, the parties will promptly attempt to agree on an independent arbitrator to hear and resolve the grievance. (b) If the parties are unable to agree on an arbitrator within seven (7) calendar days after the SEA delivers the notice of appeal to arbitration, either party may apply to the State Mediation and Conciliation Service (SMCS) for a panel of seven arbitrators. The party applying for the list will request that the list be sent by the SMCS to both parties. (c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and decide the grievance by alternately striking names from the list (coin toss for first strike) until only one remains, and s/he will be the arbitrator for the case. (d) The arbitrator will decide the case by a written opinion following the hearing. The 98 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 16 006055.00004/10103397v1 arbitrator’s decision will be final and binding provided that the arbitrator’s decision is based on the provisions of this Agreement as written and does not add to, subtract from or ignore any provision of this Agreement. Either party may have a transcript of the hearing made, but in that event, that party will pay for the transcript. (e) The fees and expenses of the arbitrator and the court reporter will be paid one-half by each party. Each party’s own expenses will be paid by that party. XV. SCOPE OF AGREEMENT This MOU represents the entire and complete understanding reached between the representatives of the CITY and the representatives of the SEA for the period designated, and applies to all positions represented by the SEA. XVI. RATIFICATION This MOU is subject to ratification by a majority vote of the members of the SEA. City Council adoption of Resolution No. ____________and ratification by the SEA will commence the terms of this MOU. Representative of the Representative of the City of Saratoga: Saratoga Employees Association: Dave Anderson, City Manager Steve Moore, President Date: Date: 99 CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA (PROPOSAL DRAFTED 10/27/2011) 17 006055.00004/10103397v1 EXHIBIT “A” 100 SARATOGA EMPLOYEE ASSOCIATION (SEA) FY 2011/12 Salary Range Table POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MID-MANAGEMENT CLASSIFICATIONS Arborist - Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT 90,168.00 94,681.60 99,424.00 104,395.20 109,616.00 43.35 45.52 47.80 50.19 52.70 Building Official 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT 101,878.40 106,974.40 112,320.00 117,936.00 123,843.20 48.98 51.43 54.00 56.70 59.54 City Clerk 3,520.00 3,696.00 3,880.80 4,075.20 4,279.20 EXEMPT 91,520.00 96,096.00 100,900.80 105,955.20 111,259.20 44.00 46.20 48.51 50.94 53.49 Engineer - Senior Civil 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT 101,878.40 106,974.40 112,320.00 117,936.00 123,843.20 48.98 51.43 54.00 56.70 59.54 Facility Maintenance Supervisor 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT 78,228.80 82,139.20 86,236.80 90,542.40 95,076.80 37.61 39.49 41.46 43.53 45.71 Planner - Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT 90,168.00 94,681.60 99,424.00 104,395.20 109,616.00 43.35 45.52 47.80 50.19 52.70 Recreation Supervisor - Senior 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT 78,228.80 82,139.20 86,236.80 90,542.40 95,076.80 37.61 39.49 41.46 43.53 45.71 STAFF CLASSIFICATION Account Clerk 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON - (Rec & Facilities Dept.)54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT 26.36 27.68 29.06 30.51 32.04 Accountant I 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT 71,510.40 75,088.00 78,852.80 82,804.80 86,944.00 34.38 36.10 37.91 39.81 41.80 Accountant II 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT 76,544.00 80,371.20 84,385.60 88,608.00 93,038.40 36.80 38.64 40.57 42.60 44.73 Accounting Technician 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON - 58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT 28.05 29.45 30.92 32.47 34.09 Administrative Analyst I 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT 71,510.40 75,088.00 78,852.80 82,804.80 86,944.00 34.38 36.10 37.91 39.81 41.80 Administrative Analyst II 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT 76,544.00 80,371.20 84,385.60 88,608.00 93,038.40 36.80 38.64 40.57 42.60 44.73 101 SARATOGA EMPLOYEE ASSOCIATION (SEA)PAGE 2 FY 2011/12 Salary Range Table POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Building Inspector 2,948.00 3,095.20 3,249.60 3,412.00 3,582.40 NON - 76,648.00 80,475.20 84,489.60 88,712.00 93,142.40 EXEMPT 36.85 38.69 40.62 42.65 44.78 Code Compliance Specialist 2,354.40 2,472.00 2,596.00 2,725.60 2,861.60 NON - 61,214.40 64,272.00 67,496.00 70,865.60 74,401.60 EXEMPT 29.43 30.90 32.45 34.07 35.77 Engineer - Assistant 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT 76,481.60 80,308.80 84,323.20 88,545.60 92,976.00 36.77 38.61 40.54 42.57 44.70 Engineer - Associate 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT 87,859.20 92,248.00 96,865.60 101,712.00 106,808.00 42.24 44.35 46.57 48.90 51.35 Executive Assistant 2,403.20 2,523.20 2,649.60 2,782.40 2,921.60 NON - to the City Manager 62,483.20 65,603.20 68,889.60 72,342.40 75,961.60 EXEMPT 30.04 31.54 33.12 34.78 36.52 Facility Coordinator 2,166.40 2,274.40 2,388.00 2,507.20 2,632.80 NON - 56,326.40 59,134.40 62,088.00 65,187.20 68,452.80 EXEMPT 27.08 28.43 29.85 31.34 32.91 Facility Maintenance Lead Worker 2,507.20 2,632.80 2,764.80 2,903.20 3,048.00 NON - 65,187.20 68,452.80 71,884.80 75,483.20 79,248.00 EXEMPT 31.34 32.91 34.56 36.29 38.10 Facility Maintenance Worker I 1,812.00 1,902.40 1,997.60 2,097.60 2,202.40 NON - 47,112.00 49,462.40 51,937.60 54,537.60 57,262.40 EXEMPT 22.65 23.78 24.97 26.22 27.53 Facility Maintenance Worker II 1,996.80 2,096.80 2,201.60 2,312.00 2,428.00 NON - 51,916.80 54,516.80 57,241.60 60,112.00 63,128.00 EXEMPT 24.96 26.21 27.52 28.90 30.35 Facility Maintenance Worker III 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON - 58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT 28.05 29.45 30.92 32.47 34.09 IT Administrator 3,001.60 3,152.00 3,309.60 3,475.20 3,648.80 EXEMPT 78,041.60 81,952.00 86,049.60 90,355.20 94,868.80 37.52 39.40 41.37 43.44 45.61 Office Specialist II 1,795.20 1,884.80 1,979.20 2,078.40 2,182.40 NON - 46,675.20 49,004.80 51,459.20 54,038.40 56,742.40 EXEMPT 22.44 23.56 24.74 25.98 27.28 Office Specialist III 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON - 54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT 26.36 27.68 29.06 30.51 32.04 Plan Check Engineer 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT 87,859.20 92,248.00 96,865.60 101,712.00 106,808.00 42.24 44.35 46.57 48.90 51.35 102 SARATOGA EMPLOYEE ASSOCIATION (SEA)PAGE 3 FY 2011/12 Salary Range Table POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Plan Check Examiner 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT 76,481.60 80,308.80 84,323.20 88,545.60 92,976.00 36.77 38.61 40.54 42.57 44.70 Planner - I 2,839.20 2,980.80 3,129.60 3,286.40 3,450.40 EXEMPT 73,819.20 77,500.80 81,369.60 85,446.40 89,710.40 35.49 37.26 39.12 41.08 43.13 Planner - II 3,208.00 3,368.80 3,537.60 3,714.40 3,900.00 EXEMPT 83,408.00 87,588.80 91,977.60 96,574.40 101,400.00 40.10 42.11 44.22 46.43 48.75 Recreation Supervisor 2,746.40 2,884.00 3,028.00 3,179.20 3,338.40 EXEMPT 71,406.40 74,984.00 78,728.00 82,659.20 86,798.40 34.33 36.05 37.85 39.74 41.73 103 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Catherine Engberg Labor Negotiating Team Acting City Attorney SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the Saratoga Management Organization (SMO) RECOMMENDED ACTION: Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga Management Organization (SMO) July 1, 2011 to June 30, 2015. BACKGROUND: SMO is the labor organization or exclusive representative of the directors employed by the City. SMO and the City’s labor negotiations team have met on numerous occasions regarding the terms and conditions of employment for the bargaining unit. The results of these negotiations are contained in the attached Memorandum of Understanding (MOU). The previous Memorandum of Understanding (MOU) with SMO expired on September 30, 2011. Preceding the expiration of the MOU on September 30, 2011, the City and SMO agreed to changes to the MOU on July 6, 2011 in Side Letters of Agreement to reduce personnel related expenditures to address the budget shortfall resulting in Fiscal Year 2011-2012 savings of approximately $51,000 in total compensation and benefits. The following is a summary of short and long-term key issues that the City and SMO have reached agreement on: • Retirement: Effective July 1, 2011, each SMO unit member will contribute 7% of his/her compensation on a pre-tax basis for the employee’s seven (7) percent fixed share of the CalPERS defined benefit retirement program. Pension reform includes a 2-tier retirement plan for employees hired after the City completes the PERS-required process. These employees will be provided a 2%@60 defined benefit retirement formula with a three (3) year average of salary as part of the retirement calculation. • Car Allowance Reduction: Effective July 1, 2011, each SMO unit member receives an allowance of $275 per month (a reduction of $125 per month). 104 Page 2 of 2 • Medical Insurance Premiums: Medical insurance premium costs for employees continue to grow year after year at rates that exceed the city’s revenue growth. For employees hired after July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for each tier of coverage, with the employee paying the amount above the City’s contribution level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for employee and two or more dependents). • Elimination of Longevity Pay: In support of utilizing market-oriented and performance compensation practices only, the performance incentive compensation program rewarding longevity will be eliminated. • Paid Time Off (PTO) Cap: The City will enforce its PTO cap. • Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried) employees and tracked in increments of one hour or more in a workday. FISCAL IMPACTS: In Fiscal Year 2011-2012, the savings is approximately $51,000 in total compensation and benefits. Additional savings will be realized in future years. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: SMO unit members would continue to receive benefits as per SMO’s Memorandum of Understanding which expired on September 30, 2011 and per the City and SMO agreement to changes to the MOU on July 6, 2011 in Side Letters of Agreement. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Payroll schedule will be adjusted to deduct the employee portion of the CalPERS contribution from the gross salary of each SMO unit member and will register a $125 per month reduction in the amount of auto allowance granted. In addition, payroll and human resource divisions will remove the SMO positions as eligible positions for Performance Incentive Compensation (Longevity) effective July 1, 2011. The future scheduled longevity pay for SMO positions will be cancelled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. MOU TA dated 10-24-11 105 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING MEMORANDUM OF UNDERSTANDING FOR THE SARATOGA MANAGEMENT ORGANIZATION (SMO) July 1, 2011 to June 30, 2015 WHEREAS, representatives of the City and SMO have reached agreement on matters relating to the employment conditions of said employees, as reflected by the written Memorandum of Understanding, which is attached hereto and made a part hereof; and WHEREAS, the Memorandum of Understanding was ratified by the SMO membership; and WHEREAS, this Council finds that the terms and conditions contained in said Memorandum of Understanding fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in said Memorandum of Understanding for the Saratoga Management Organization July 1, 2011 to June 30, 2015 attached as Exhibit A to this resolution are hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of November 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 106 107 108 109 110 111 112 113 114 115 116 117 Attachment A Saratoga Management Organization (SMO) FY 2011/12 Salary Range Table SMO Positions Assistant City Manager Community Development Director Finance & Administrative Services Director Public Works Director Recreation & Facilities Director Pay Schedule Step 1 Step 2 Step 3 Step 4 Step 5 Bi-Weekly 5,437.60 5,709.60 5,995.20 6,295.20 6,609.60 Annual 141,377.60 148,449.60 155,875.20 163,675.20 171,849.60 Hourly 67.97 71.37 74.94 78.69 82.62 118 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Deanna Mouser DIRECTOR: Catherine Engberg Attorney, Chief Negotiator Acting City Attorney SUBJECT: Council Resolution to Approve Employment Policy for Unrepresented Human Resources Manager Monica LaBossiere (“LaBossiere”) RECOMMENDED ACTION: Approve the terms and conditions contained in said Resolution for Salary and Benefit Agreement for Unrepresented Human Resources Manager effective July 1, 2011. BACKGROUND: The Human Resources Manager classification is unrepresented, which means the incumbent does not engage in collective bargaining with the City on matters related to wages, benefits and other terms and conditions of employment. The Human Resources Manager is a regular, benefited full-time employee who was hired by the City on August 22, 2005. In the last few years, the economy has seen unprecedented economic losses with substantially declining property tax and sales tax revenues. As a result, the City has experienced substantial revenue losses. LaBossiere has recognized that the City needed to rein in unsustainable employee costs. The following is a summary of short and long-term key issues that the Human Resources Manager has voluntarily agreed to: • Retirement: Effective July 1, 2011, LaBossiere began contributing 7% of her compensation on a pre-tax basis for the employee seven (7) percent fixed share of the CalPERS defined benefit retirement program. ANNUAL SAVINGS: $9,756.66 • Waived Five (5) percent salary increase effective July 1, 2012: LaBossiere waived her scheduled five (5) percent salary increase effective July 1, 2012 and agreed to no longer participate in the performance incentive compensation pay (longevity) program. ANNUAL SAVINGS: $6,968.00 119 Page 2 of 2 • Pension Reform: LaBossiere agreed to pension reform to include a second tier 2%@60 CalPERS defined benefit retirement formula with the highest three (3) year average of salary as part of the retirement calculation for future incumbent(s). • Paid Time Off (PTO) Cap: LaBossiere agreed to the enforcement of the City’s accrual cap. FISCAL IMPACTS: In Fiscal Year 2011-12 and 2012-2013, LaBossiere voluntarily reduced her total compensation by approximately $16,725.00 in total savings per year. These savings are cumulative and additional savings will be realized in future years. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Current terms and conditions of employment would remain unchanged. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 120 RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING EMPLOYMENT POLICY FOR UNREPRESENTED HUMAN RESOURCES MANAGER WHEREAS, the City's Human Resources Manager incumbent is a regular, benefited full-time employee; and WHEREAS, the City’s Human Resources Manager classification is unrepresented, which means the incumbent does not engage in collective bargaining with the City on matters related to wages, benefits and other terms and conditions of employment; and WHEREAS, the City's Human Resources Manager incumbent is subject to the City’s Personnel Rules and Policies adopted by the City Council; and WHEREAS, the Human Resources Manager voluntarily provided concessions in total compensation effective July 1, 2011, to assist the City with reining in unsustainable employee costs including agreeing to: (A) Contributing seven (7) percent of her compensation on a pre-tax basis for the employee seven (7) percent fixed share of the CalPERS defined benefit retirement program; and (B) Waiving her scheduled five (5) percent salary increase and agreeing to no longer participate in the performance incentive compensation pay (longevity) program; and (C) Including a second tier 2%@60 defined benefit retirement formula with the highest three (3) year average of salary as part of the retirement calculation for future incumbent(s), (D) The enforcement of the City Paid Time Off (PTO) cap; and WHEREAS, the Human Resources Manager incumbent will be afforded the same cost of living adjustment, administrative leave hours, and PTO cash out option as SMO members; and WHEREAS, this Council finds that the provisions and agreements contained in said Resolution are fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in said Resolution for Unrepresented Human Resources Manager effective July 1, 2011 is hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of November 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 121 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Monica LaBossiere DIRECTOR: Catherine Engberg Human Resources Manager Acting City Attorney SUBJECT: Council Resolution to Approve Agreement for Employment of City Manager David Anderson (“Anderson”) RECOMMENDED ACTION: Approve the terms and conditions contained in said Agreement for Employment between Anderson and the City effective November 2, 2011. BACKGROUND: Anderson was hired in the position of City Manager on August 21, 2000 and has served the City now for over a decade. In the last few years, the local, state, and national economy has seen unprecedented economic losses, substantially declining property values, and declining sales tax revenues. As a result, the City has experienced revenue losses. Anderson recognized that in addition to the City’s earlier cuts through spending reductions, a hiring freeze and layoffs, the City needed to rein in unsustainable employee costs. The City’s cost of employee total compensation has continued to increase while revenues decrease. The current round of employee MOU’s on tonight’s agenda address these issues. The following is a summary of short and long-term key issues that the City Manager has voluntarily agreed to: • Waived Five (5) Percent Salary Increase for Two (2) Years: In 2010 and 2011, Anderson voluntarily waived his right per his employment agreement adopted by the City Council to receive a five (5) percent increase in salary. • Retirement: Effective July 1, 2011, Anderson began contributing 7% of his compensation on a pre-tax basis for the employee seven (7) percent fixed share of the CalPERS defined benefit retirement program. • Pension Reform: Anderson agreed to pension reform to include a second tier 2%@60 defined benefit retirement formula with the highest three (3) year average of salary as part of the retirement calculation for future incumbent(s). 122 Page 2 of 2 • Car Allowance Reduction: Effective July 1, 2011, the City Manager receives an allowance of $375 per month (a reduction of $125 per month). In 2010, the City Manager voluntarily waived $6,000.00 in car allowance. • Paid Time Off (PTO) Cap: The City will enforce its PTO cap. FISCAL IMPACTS: In an effort to find solutions with the objective to lead by example, Anderson voluntarily agreed to modify his employment agreement mid-term in both 2010 and 2011. In 2010, Anderson voluntarily reduced his total compensation by approximately $17,800.00. In 2011, Anderson voluntarily reduced his total compensation by approximately $25,427.00. These savings are cumulative and will continue in Anderson’s proposed Agreement for Employment attached hereto and made a part hereof effective November 2, 2011. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Anderson would continue to receive benefits as per his employment agreement which expired on September 1, 2011 and per the City and Anderson’s agreement to changes to his employment agreement via side letter agreement on July 6, 2011. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. Agreement for Employment of City Manager (Effective Date of November 2, 2011) 123 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AGREEMENT FOR EMPLOYMENT OF CITY MANAGER DAVID ANDERSON (“Anderson”) WHEREAS, Anderson was hired in the position of City Manager on August 21, 2000; and WHEREAS, the terms and conditions contained in said Agreement for Employment which is attached hereto and made a part hereof supersedes all prior agreements between Anderson and the City effective November 2, 2011; and WHEREAS, this Council finds that the provisions and agreements contained in said Agreement for Employment of Anderson fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in said Agreement for Employment of City Manager David Anderson effective November 2, 2011 attached as Exhibit A to this resolution are hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of November 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 124 2011 Agreement for Employment of City Manager Page 1 of 10 006055.00001/10096086v4 AGREEMENT FOR EMPLOYMENT OF CITY MANAGER (EFFECTIVE DATE OF NOVEMBER 2, 2011) This agreement is made and entered on this 2nd day of November, 2011, by and between the City of Saratoga (the “City”), a general law city, and David Anderson (“Anderson”). This agreement for employment of Anderson, hired in the position of City Manager on August 21, 2000, supersedes all prior agreements between Anderson and the City effective November 2, 2011. In consideration of the mutual covenants contained herein, the parties agree as follows: I. EMPLOYMENT. A. Appointment of City Manager The City Council of the City hereby appoints Anderson to the position of City Manager to perform the functions and duties specified under the laws of the State of California, the Saratoga City Code, the Ordinances and Resolutions of the City, and this Agreement, and to perform such other duties and functions as the City Council shall assign. Anderson shall serve at the pleasure of the City Council. . II. POWERS, DUTIES AND RESPONSIBILITIES. A. Employment Duties Anderson shall function as the City Manager of the City and shall be vested with the powers, duties and responsibilities set forth in Article 2-20 of the Municipal Code and California law as they now exist and may be amended hereafter, the terms of which are incorporated herein by reference. In addition, Anderson shall perform such other duties as may be assigned by the City Council and which are consistent with the position of City Manager, without additional compensation because the City Manager is an overtime-exempt executive position. Such duties shall include, but not be limited to, the following: . 1. Assemble and explain pertinent facts and prepare committee reports as required; 2. Prepare agendas for Council meetings and advise Council on appropriate priorities and required actions; 3. Direct City Clerk in preparation for City Council meetings, maintenance of official records, conduct of municipal elections and execution of related functions; 4. Represent the City Council in relationships with other governmental and private agencies; 5. Confer with and direct all department heads in the formation and implementation of administrative policies and practices; 6. Prepare and submit the annual budget; 7. Represent City to press and other information media as required; 125 2011 Agreement for Employment of City Manager Page 2 of 10 006055.00001/10096086v4 8. Meet with individual citizens groups to discuss complaints and explain City policy; and 9. Administer any bonds approved by the voters of the City. B. Hours of Work Anderson is expected to devote necessary time outside normal office hours to business of the City. To that end, Anderson shall be allowed flexibility in setting his own office hours, provided that Anderson shall work as necessary during customary business hours to satisfactorily perform his duties and responsibilities as City Manager. As of the effective date of this Agreement the City’s customary business hours are based on a 9/80 work schedule where a full-time work week constitutes 40 hours within seven consecutive 24 hour days. . Anderson shall schedule any appointments for medical treatment, industrial injury medical treatment, or other personal appointments so as to minimize the inconvenience to fellow employees and the impact on his ability to perform his job. III. COMPENSATION AND BENEFITS OF ANDERSON. A. Salary 1. Anderson’s salary as of August 31, 2011, is One Hundred Ninety-Nine Thousand, Three Hundred Eighty-Nine Dollars ($199,389) per year. The salary shall be paid in bi-weekly installments. (Future changes to compensation are addressed in Section IV.) . 2. In the event the City, at any time during the term of this Agreement, reduces the salary specified in section III.A.1 of this Agreement or reduces the benefits specified in section III.B of this Agreement to a level below that made available to members of the Saratoga Management Organization, then Anderson may, at his option, be deemed to be “terminated” by the City Council within the meaning of Section V.A.4 of this Agreement as of the date of such reduction. B. Benefits Anderson shall be entitled to the following benefits: . 1. Health, Dental, Vision, and Employee Assistance Program (EAP): The City provides Anderson with health benefits, dental benefits, voluntary vision benefits and an employee assistance program (EAP). The premiums are fully paid, excluding the voluntary vision benefits, by the City for Anderson and his spouse unless Anderson enrolls in the PERS Care Plan, in which case the City will pay the premium for the highest-cost HMO plan with Anderson paying the balance for the PERS Care Plan. 126 2011 Agreement for Employment of City Manager Page 3 of 10 006055.00001/10096086v4 2. Cash-in-Lieu 3. : Effective January 1, 2012, if Anderson completes and submits required documents (1) to prove that Anderson has other health insurance coverage and (2) to waive City-provided health insurance coverage, Anderson will receive a payment per month of $350.00 as additional taxable wages. Effective January 1, 2012, if Anderson completes and submits required documents (1) to prove that Anderson has other dental insurance coverage and (2) to waive City-provided dental insurance coverage, Anderson will receive a payment per month of $25.00 as additional taxable wages. Anderson must complete and submit any required documents and provide proof of other health or dental insurance coverage during open enrollment (in or around October) to be eligible for the cash-in-lieu payment beginning the following January. 457 Plan 4. : The City provides Anderson the opportunity to contribute to an IRS Section 457 deferred compensation plan. Anderson may contribute up to the maximum allowed by law. Contributions may come from Anderson’s regular earnings through payroll deductions, or from any unused portion of his Benefits Allowance. The City will match Anderson’s contributions to a deferred compensation account up to a maximum of $200 per month. Car Allowance and Organization Dues 5. : Anderson shall receive a $375 monthly car allowance to be used to attend to local City business and shall be entitled to reimbursement of $1,000 per year for dues and meal expenses incurred in the course of participating in Saratoga based civic organizations which require membership as an individual. Life Insurance 6. : The City shall pay 100% of the premium cost for life insurance coverage for Anderson with a death benefit of $150,000. Disability Coverage a. : The City shall provide disability coverage, consisting of short term disability payments and long term disability insurance as described below, to provide Anderson with income protection if he becomes unable to perform the functions of his position due to a serious health condition or disability. The City will pay 75% of Anderson’s monthly salary after Anderson has used all accrued paid time off (PTO) and will maintain existing insurance benefits for six months from the date of injury/illness. Short Term Disability payments will commence only after 12 continuous working days during which Anderson is totally disabled, or when all accrued PTO is exhausted, whichever is later. Short-term Short term disability payments are reported to PERS as salary earned. 127 2011 Agreement for Employment of City Manager Page 4 of 10 006055.00001/10096086v4 b. The City shall provide Anderson long term disability insurance including a paid coverage plan design of 66.66% of salary to a maximum of $2,000 per month with a voluntary buy-up option paid by Anderson to a maximum of $8,200 per month. Long-term Because these payments are made through a group policy they are not reported to PERS as salary earned. 7. Section 125 Plan The City will make available to Anderson the option of enrolling in a Section 125 flexible benefits plan. Under the plan, Anderson may deduct from his earnings up to the maximum allowable amounts per calendar year for health care reimbursement and/or dependent care reimbursement. : 8. Long-term Care 9. : Anderson may purchase long term care insurance through a group benefits program administered by PERS. PERS 10. : City is a contracting agency of the California Public Employees Retirement System (PERS). The PERS contract requires contributions by the employer and each covered employee. Since the inception of Anderson’s service to City until June 30, 2011, City has paid Anderson’s required contribution in addition to the City’s contribution as a contracting employer. Effective July 1, 2011, Anderson agreed to pay the 7% employee required contribution. The City through its contract with PERS provides a retirement benefit plan for Anderson of 2% at 55. Administrative Leave 11. : City shall grant Anderson, on a fiscal year basis, sixty-five (65) hours of administrative leave. Such leave shall be taken in a manner consistent with the use of PTO. Leave without Pay 12. : The City does not grant leaves of absence under most circumstances except as legally required. In cases of hardship or for other good and sufficient reasons, the City Council may grant leaves of absence upon written request by Anderson for a period up to 90 days. Anderson will not accrue any annual leave while on leave without pay, and the leave period will be considered as discontinuous service. During the time Anderson is on leave without pay, the City may discontinue paying for insurance benefits on behalf of Anderson (including health, dental, life, and long term disability), although he shall have the option to continue benefits at his own cost. Legally Required Benefits: Anderson will receive all benefits that are legally required, including workers’ compensation coverage, unemployment insurance contributions, the right to Family and Medical Care Leave, the right to industrial injury leave (including full pay for the first three days of leave and health benefits for 128 2011 Agreement for Employment of City Manager Page 5 of 10 006055.00001/10096086v4 the first 12 months after date of injury/illness if Anderson submits the required claim form), the right to COBRA benefits after a qualifying event has occurred, and the right to other legally authorized leaves. 13. Holidays Anderson shall receive the following paid holidays: : (1) New Year’s Day January 1 (2) Martin Luther King's Birthday 3rd Monday in January (3) President's Day 3rd Monday in February (4) Memorial Day Last Monday in May (5) Independence Day July 4 (6) Labor Day 1st Monday in September (7) Columbus Day 2nd Monday in October (8) Veteran's Day November 11 (9) Thanksgiving Day 4th Thursday in November (10) Day after Thanksgiving Friday after Thanksgiving (11) Christmas Eve December 24 (12) Christmas Day December 25 (13) New Year's Eve December 31 If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on a Sunday, the following Monday will be observed. In those years in which one of the Christmas and/or New Year’s holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday falls on an off-Friday when the City offices are closed, the preceding Thursday will be observed. If the preceding Thursday is already a holiday, the off-Friday holiday will be observed on the first weekday after Christmas that is not already an observed holiday. If a holiday occurs when Anderson is using PTO, the holiday will not be charged against Anderson’s PTO balance. In order to receive holiday pay, Anderson must be on the payroll on the last regularly scheduled workday preceding the holiday and the first regularly scheduled work day following the holiday except if Anderson is on Family and Medical Care Leave, he shall only be entitled to receive holiday pay within the six month period after the date of injury/illness. If Anderson is using PTO when the holiday occurs, payment for the holiday shall be prorated to the amount of PTO being used in the pay period in which the holiday occurs. If Anderson is receiving Short Term Disability payments in the pay period when the holiday occurs, payment for the holiday shall be at 75% of Anderson’s regular rate of pay. If the City adopts a holiday furlough whereby the City operations are closed from December 24 through January 1 Anderson shall utilize his available PTO balances. 129 2011 Agreement for Employment of City Manager Page 6 of 10 006055.00001/10096086v4 14. Jury Duty : If Anderson is called for jury duty he will continue to receive full pay and benefits for that period of absence. Fees received for jury duty will be deducted from Anderson’s gross wages. 15. PTO a. : Anderson accrues annual leave (paid time off or PTO) at the rate of 32 days (256 hours) per year. PTO Cash-Out b. : Anderson will reduce his accrued PTO in FY2011-12 down to 400 hours through a cash-out of accrued PTO as a cash payment or tax-deferred contribution to his deferred compensation account, with half of the amount above 400 hours being cashed out on or after November 3, 2011, and with the remaining amount above 400 hours being cashed out after January 1, 2012 and before January 31, 2012. Anderson will receive the cash value payment or tax-deferred contribution to his deferred compensation account as soon as feasible. FY PTO Cash-Out Option Effective Fiscal Year 2012-2013 through Fiscal Year 2014-2015 A PTO Cash-Out Option will not be made other than at the time of termination, except for the optional PTO cash-out plan described as follows: : If Anderson has used the required minimum of 80 accrued hours of PTO in the prior fiscal year , Anderson is eligible to cash out up to a maximum of 200 accrued hours of PTO per fiscal year on approximately September 1 and/or March 1. Anderson must maintain a minimum balance of 200 hours of accrued PTO after the cash out. c. PTO Accruals Effective July 1, 2012, the PTO accrual cap in the Personnel Rules will be enforced. Under no circumstances can Anderson accrue more than the accrual PTO cap at any point in time. Once Anderson reaches the accrual cap, no additional PTO will accrue until Anderson uses his or her accrued PTO and reduces the balance to less than the accrual cap. Thereafter, PTO benefits will continue to accrue on a prospective basis only until Anderson reaches the cap. No retroactive credit will be given for the time when accrued PTO was at the cap. : d. PTO Increments e. : PTO must be taken by Anderson only in increments of four (4) hours or more in a workday. PTO Upon Separation 1) Upon retirement from City service, Anderson may choose to use all of his accrued paid time off as sick leave for the purpose of service credit if : 130 2011 Agreement for Employment of City Manager Page 7 of 10 006055.00001/10096086v4 allowed to do so by PERS. If Anderson uses less than 100% of his paid time off toward PERS service credit, the City will pay the balance of Anderson’s accrued paid time off at Anderson’s regular rate of pay. 2) Upon separation from City service other than retirement, the City will pay 100% of Anderson’s accrued paid time off at Anderson’s regular rate of pay. IV. COMPENSATION CHANGES AND PERFORMANCE EVALUATION. A. CPI Increase: Cost of Living Adjustment B. – For fiscal year 2012-13, and for each subsequent year of this agreement, Anderson shall receive an annual cost-of-living adjustment to his salary of no less than one percent (1.0%) and no greater than two and one-half percent (2.5%). If the U.S. Department of Labor, Bureau of Labor Statistics, “All Urban Consumers (CPI-U)” for the 12 months of January 1 to December 31 annual average for the “San Francisco-Oakland-San Jose” region falls below one percent (1.0%), Anderson shall nevertheless receive a minimum one percent (1.0%) cost-of-living adjustment; if the Index increases above two and one-half percent (2.5%), Anderson shall nevertheless receive a maximum two and one-half percent (2.5%) cost-of-living adjustment. Evaluation C. : The City Council shall review and evaluate the performance of Anderson annually in September. Anderson will timely cause to be placed on the City Council agenda each year a “closed session” for the purpose of the performance evaluation. Said review and evaluation shall be in accordance with specific criteria developed jointly by Anderson and the City Council. Those criteria may be added to or deleted from as the City Council may from time to time determine in consultation with Anderson. Satisfactory Evaluation V. TERM OF AGREEMENT. : On September 1, 2012, and each year thereafter, contingent upon a satisfactory performance evaluation, the Mayor will document the satisfactory performance evaluation by a memo to the Finance and Administrative Services Director, with a copy to Human Resources for the administrative processing of any applicable salary increase in addition to that referenced in section IV.A. above. Anderson shall receive a salary increase to raise Anderson to the average salary rate for the city managers in the comparison cities of Los Altos, Menlo Park, San Carlos, Cupertino, Los Gatos, Morgan Hill, and Campbell as determined by a salary survey conducted within the preceding six months, provided that the total salary increase in any year shall not exceed five percent (5.0%). If Anderson’s salary (as adjusted by the increase pursuant to section IV.A. above) is at or above average determined by of the salary survey, Anderson’s salary will not be adjusted. A. Term of Agreement 1. The Agreement shall continue until terminated by City or Anderson as discussed below. . 131 2011 Agreement for Employment of City Manager Page 8 of 10 006055.00001/10096086v4 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City under Section 2-20.080 of the Municipal Code to terminate this Agreement without cause at any time (except for 90 days after a council member is elected as provided in 2-20.080), or the right of Anderson to resign at any time from his position. 3. Anderson may terminate this Agreement by giving the City thirty (30) days written notice in advance of resignation, at the end of which period this Agreement will terminate, unless the City and Anderson otherwise agree. 4. In the event of termination pursuant to section V.A.2, Anderson shall be entitled to a severance payment equal to six (6) month’s salary and shall be entitled to the continuation of the City paid health and dental benefits that Anderson is receiving at the time of separation for a six (6) month period after termination. At Anderson’s discretion, the severance payment shall be paid either in a lump sum, or in bi-weekly payments, beginning within ten (10) days of the effective date of termination. If Anderson selects bi-weekly payments, Anderson may later choose to receive a lump sum payment for the balance of the monthly severance payments. The change from bi-weekly payments to a lump sum payment for the balance will be processed as soon as reasonably feasible and by no later than two weeks after Anderson chooses to change to a lump sum payment for the balance. The severance payment shall be based on Anderson’s then monthly salary. Severance benefits shall begin the first of the month succeeding the effective date of termination. Such severance pay and health and dental benefits shall not be due or payable if Anderson is terminated after being convicted of a felony or of a misdemeanor involving moral turpitude. VI. MISCELLANEOUS PROVISIONS. A. Administration B. . This Agreement shall be administered by the City Attorney of the City of Saratoga (“Administrator”). All correspondence from Anderson to the City shall be directed to or through the Administrator or his or her designee. Notices David Anderson . Any written notice to Anderson shall be sent to: c/o City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 Any written notice to City shall be sent to: Richard S. Taylor City Attorney of City of Saratoga Shute, Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 132 2011 Agreement for Employment of City Manager Page 9 of 10 006055.00001/10096086v4 (Or such other address as the City Attorney may have at the time of the notice.) C. Conflict of Interest D. . Anderson warrants that he presently does not have and will not acquire any direct or indirect financial interest which would conflict with his performance of this Agreement. Assignment Prohibited E. . No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. Documents F. . All documents provided to Anderson by the City and all reports and supporting data prepared by Anderson for the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City’s written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by Anderson while he serves as City Manager are confidential until released by the City to the public, and Anderson shall not make any of these unreleased documents or information available to any individual or organization, other than the City Attorney without prior written consent of the City Council. Effect of Waiver G. . The failure of either party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver of relinquishment of that right or power on any subsequent occasions. Entire Agreement H. . The text herein shall constitute the entire Agreement between the parties. This Agreement incorporates the entire understanding between Anderson and the City, recites the sole considerations for the promises exchanged herein, and fully supersedes any and all prior agreements or understandings, written or oral or implied, between the parties pertaining to the subject matter hereof. In reaching this agreement, no party has relied upon any representation or promise except those expressly set forth herein. This Agreement cannot be modified by the parties except in a writing that is signed by both parties, ratified by City Council, and that expressly states that it intends to modify this Agreement. Successors and Assigns I. . This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. Severability J. . If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. Attorneys Fees. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, each party shall bear its own attorneys’ fees, expenses and costs. 133 2011 Agreement for Employment of City Manager Page 10 of 10 006055.00001/10096086v4 K. Governing Law L. . This Agreement shall be governed by the laws of the State of California. Interpretation In witness whereof, the City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Anderson has signed and executed this amendment agreement effective November 2, 2011. . The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. The parties agree that ambiguities concerning matters addressed in this Agreement should be resolved in a manner consistent with the City’s personnel rules and procedures to the extent those rules and procedures are not inconsistent with this Agreement. DAVID ANDERSON CITY OF SARATOGA _________________ __________ ___________________ _________ David Anderson Date Howard A. Miller Date Mayor ATTEST: ___________________ __________ Ann Sullivan Date City Clerk APPROVED AS TO FORM: ___________________ ___________ Richard S. Taylor Date City Attorney D:\NrPortbl\Cerritos\DXM\10096086_4.DOCX 134 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Catherine Engberg DIRECTOR: James Lindsay Acting City Attorney SUBJECT: Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510- 25-062) RECOMMENDED ACTION: Authorize City Attorney to extend the term of the Preannexation Agreement for the property located at 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to February 2, 2012. REPORT SUMMARY: At its meeting of July 6, 2011 the City approved initiation of annexation proceedings for 19351 Redberry Drive together with a preannexation agreement with the owners of that parcel and two neighboring landowners. The July 6, 2011 Preannexation Agreement contemplated completion of the annexation proceedings within four months, which will expire on November 4, 2011. The applicant has requested a three- month extension to complete negotiations with the County and LAFCO regarding the scope of the annexation. BACKGROUND: The July 6, 2011 staff report for the initiation of annexation proceedings describes the history and context of the annexation (see attachment 1). The annexation would occur subject to existing County approvals of a major remodel of the main house on the parcel and a new second unit that comply with the County Code but not certain portions of the Saratoga Code. The City would accept the County approvals as legal non-conforming structures and be responsible for issuing and administering grading, building, and other permits consistent with the County approvals and subject to certain modifications described in the Preannexation Agreement. REASON FOR APPLICANT’S EXTENSION REQUEST: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). As discussed in the July 6, 2011 staff report, cities in Santa Clara County proceeding independently of LAFCO are required to make certain findings before approving an annexation. 135 The following necessary finding has taken more time to resolve than the parties to the Preannexation Agreement anticipated: • That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. The City is proposing to only annex the parcel. The County Surveyor has responded with a requirement that the City additionally annex a portion of Redberry Drive, which would create undesirable alternating segments of City and County maintenance responsibility. The applicant is working with County officials and LAFCO in an attempt to limit the scope of the annexation to the parcel itself. The applicant requests an additional three months to resolve the annexation issues with LAFCO and the County. The parties to the Preannexation Agreement have negotiated the attached First Amendment to the Preannexation Agreement (see attachment 2). FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and County of Santa Clara processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Preannexation Agreement would terminate. The Preannexation Agreement was entered into to resolve a lawsuit between the applicant and adjacent neighbors. It is uncertain what would happen to the underlying lawsuit. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing is not required. ATTACHMENTS: 1. Staff Report for Initiation of Annexation (July 6, 2011) 2. Proposed First Amendment to Preannexation Agreement 136 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Chris Riordan SUBJECT: Preannexation Agreement and Initiation of Annexation for 19351 Redberry Drive (APN 510-25-062) RECOMMENDED ACTION: Approve attached Preannexation Agreement and resolution initiating annexation of 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries. REPORT SUMMARY: The City has received a request from the owners of 19351 Redberry Drive (“Applicants”) that their property be annexed into the City of Saratoga. The request is supported by nearby landowners at 19403 and 19370 Redberry Drive and 19280 Bainter Avenue (“Neighbors”). The annexation would occur subject to existing County approvals of a major remodel of the main house and a new second unit that comply with the County Code but not certain portions of the Saratoga Code; the City would accept the County approvals as legal non- conforming structures and be responsible for issuing and administering grading, building, and other permits consistent with the County approvals and subject to certain modifications described in the Preannexation Agreement. The parcel conforms to the applicable land use and density criteria contained in the City Code and the General Plan. The parcel has a General Plan designation of Hillside Open Space (OS-H) and is located in the Hillside Residential (HR) Prezone area. PROPOSED PREANNEXATION AGREEMENT: In 2010 the Applicants applied for and received County approvals for a major remodel of the existing main house and for construction of a second unit. The Neighbors challenged those approvals and the parties explored opportunities for resolving their differences outside of court and the County appeals process. The parties have reached a settlement calling for certain modifications to the project as approved by the County, annexation to the City, and City administration and oversight of the building process. (Details on the history of the process are included in the recitals to the Preannexation Agreement included as Attachment 1.) The attached Preannexation Agreement sets forth the terms under which the City would annex the property and process permits for the remodel and second unit to be located as described in Exhibit B to the agreement. The agreement was prepared by the Owner and the Neighbors and modified somewhat by staff. The Owner and the Neighbors have agreed to all staff’s changes. 137 The Preannexation Agreement provides that the City would annex the property subject to the existing County approvals (and modifications agreed to by the Owners and Neighbors described in Exhibit B) such that the building plans and a future swimming pool/deck application would not be subject to compliance with the City’s zoning regulations. The project was designed to comply with County development standards and does not comply with several City standards (e.g., height, floor area (due to basement floor area), graded material volume, impervious surface, and possibly setbacks). As with annexations of existing structures built to conform to County but not City standards, the proposed structures on the annexed property would be considered as legal non-conforming structures in accordance with section 15-65.035(a) of the City Code. A copy of the County approvals will be available for review in the Community Development Department beginning Tuesday, July 5. The Preannexation Agreement provides that the City would be responsible for issuing, administering, monitoring and enforcing all permits required to move forward with the County approvals as modified by the Preannexation Agreement. Because the County approvals were issued in 2010 the City would apply the Building Regulations from Chapter 16 of the City Code that were in effect in 2010. The applicants would pay all applicable City fees for the requested permits. The applicants could apply for necessary permits any time after approval of the Preannexation Agreement but the City may not issue any permits until the annexation has been completed. ANNEXATION PROCEDURES: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). A public meeting and noticing is not necessary and the City Council may consider the Initiation of Annexation as a routine agenda item at a regular meeting and may waive protest proceedings because the annexation is being made by a petition with 100 percent consent of the property owner. The Act requires that cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which may be waived by the City Council; and (3) Approval of Annexation. Furthermore, the City Council is required to make findings pursuant to Government Code Section 56757 prior to adopting the resolution approving the annexation. After the resolution is adopted, a certified copy of the resolution and paperwork is submitted to LAFCO. The Act and other state laws require the preparation of a number of documents as part of the annexation process. These documents fall into three categories: a service plan, LAFCO materials, and the California Environmental Quality Act (CEQA) materials. These are described below: Service Plan All annexations are to begin with a proposed service plan for the area to be annexed. This plan includes a description of the parcel to be annexed; the reasons for the proposal; and a listing and description including the level, range, any change to, and financing of services to be provided to the annexed parcel (see attachment 2). The service plan should also include an indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands. No improvements or upgrades are recommended as part of this proposal and all services will be consistent with the current conditions. 138 LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. The formal findings need not be made until the adoption of the final annexation resolution. Each finding is followed by a brief description of Staff’s review. • That the unincorporated territory is within the urban service area of the city as adopted by Commission. Staff had confirmed that the property to be annexed is within the City’s Urban Service Area. • That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. A map will be prepared and provided to the County Surveyor once initiation of annexation has been approved by the City Council. • That the proposal does not split lines of assessment or ownership. Staff has determined that the property to be annexed does not split lines of assessment or ownership. • That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of the services will remain unchanged. • That the proposal is consistent with the adopted General Plan of the City. The land use designation for the annexation parcel is OS-H (Hillside Open Space). The land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the nearby zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following Policy: Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is determined by the city that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. As discussed throughout this document, the annexation parcel is contiguous to the existing city limits, is within the Sphere of Influence, and has existing public services that would not unreasonably change the cost to the City or dilute services to existing residents. California Environmental Quality Act -- Annexations are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes annexations of individual small parcels of the minimum size for facilities exempted by Section 15303 which exempts up to three single-family residences. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question 139 may have a significant effect on the environment, the activity is not subject to CEQA. This annexation would not have the potential to cause a significant effect on the environment because the area contains existing public utilities. FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and County of Santa Clara processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation and provide Staff with direction. FOLLOW UP ACTION: Work with the applicant to have the annexation map prepared for review by the County Surveyor and return to the City Council for final annexation approval upon completion of that review. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing is not required. ATTACHMENTS: 1. Proposed Pre-annexation Agreement showing staff recommended revisions 2. Resolution approving Initiation of the Annexation 3. List of Services Report 140 FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered into this __ day of ________ , 2011 by and between the CITY OF SARATOGA (“City”), a municipal corporation of the State of California, Fariba Farahanchi and Nima Mokhlesi (collectively “the Farahanchi/Mokhlesis”), John Holton and Wanda Kownacki (“the Holton/Kownackis”), and Jim Pfeiffer (“Pfeiffer”, and collectively with the Holton/Kownackis, “the Neighbors”). The Farahanchi/Mokhlesis are sometimes referred to herein as “the Owners” and the Owners, City and Neighbors are collectively referred to herein as “the Parties.” RECITALS A. WHEREAS, the Farahanchi/Mokhlesis are the owners of a certain parcel of real property located at 19351 Redberry Drive in the County of Santa Clara and more particularly described in Exhibit A, attached hereto and incorporated herein (“Property”); B. WHEREAS, Pfeiffer is the owner of a certain parcel of real property located in the unincorporated County of Santa Clara at 19403 Redberry Drive, Los Gatos, California; C. WHEREAS, the Holton/Kownackis are the owners of certain parcels of real property located in the County of Santa Clara at 19280 Bainter Ave, Los Gatos (though within the city limits of Saratoga), California and 19370 Redberry Drive, Los Gatos (though within the city limits of Saratoga), California; D. WHEREAS, the Farahanchi/Mokhlesis Property is located in unincorporated Santa Clara County adjacent to the city limits of Saratoga, is within the Saratoga Sphere of Influence and Urban Service Area and is developed with a single family dwelling; E. WHEREAS, in 2010, the Farahanchi/Mokhlesis applied to the County of Santa Clara for approvals necessary to remodel/add to the existing main house and to construct a secondary house more than 50 feet from the main house on the Property (collectively, the “Farahanchi/Mokhlesi Applications”); F. WHEREAS, in 2010, the County approved the Farahanchi/Mokhlesi’s Applications relating to the main house and driveway, consisting of: 1) a grading permit; 2) design review exemption; 3) exemption from environmental review; 4) issuance of a tree removal permit for two oak trees; and 5) issuance of a building permit (collectively the “County Main House Approvals”); G. WHEREAS, in 2010, the County Zoning Administrator approved the Farahanchi/Mokhlesi’s Application related to the location of the secondary unit (“County Secondary House Approval”; the County Main House Approvals and County Secondary House Approval are sometimes collectively referred to as the “County Approvals”); H. WHEREAS, on December 15, 2010, the Neighbors appealed the County Secondary House Approval to the County Planning Commission; 141 I. WHEREAS, on January 18, 2011, the Neighbors initiated a lawsuit against the County and the Owners regarding the County Approvals, as Action No. 111-CV-192055, Santa Clara County Superior Court; J. WHEREAS, on April 7, 2011, the County Planning Commission denied the Neighbors’ appeal of the County Secondary House Approval; K. WHEREAS, on or about April 25, 2011, the Neighbors appealed the County Secondary House Approval to the County Board of Supervisors; L. WHEREAS, the Owners and Neighbors are willing to agree to modification of the County Approvals to include a number of modified and additional conditions, attached hereto as Exhibit B (the “Modifying/Additional Conditions”); M. WHEREAS, as provided herein, the Parties intend and agree that the Property be annexed to the City; N. WHEREAS, annexation of the Property to the City in accordance with the terms of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning and will establish a permanent and definable border between the City and the County of Santa Clara in furtherance of State, County and City policies and consistent with West Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and Action 2; O. WHEREAS, as provided herein, the Parties intend and agree that the City shall be the entity responsible for issuing, administering, monitoring and enforcing all permits approved as part of the County Approvals and issuing, administering, monitoring and enforcing all building permit and all other necessary permits and approvals pursuant to the terms of the County Approvals, as modified and amended by the Modifying/Additional Conditions (collectively the "Modified Approvals"), to allow for the remodel/addition to the primary dwelling and construction of the secondary dwelling unit on the Property; P. WHEREAS. Owners and Neighbors have jointly submitted to City the documents comprising the County Approvals by letter dated July __, 2011 with the understanding that the Secondary House Approval is the subject of a pending appeal to the County which will be moot if the Property is annexed to the City. Q. WHEREAS, the purpose of this Agreement is to set forth the City’s and Farahanchi/Mokhlesi’s respective responsibilities in pursuing annexation of the Property; NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: 1. Annexation. The Parties agree that in order to provide for rational long-term land use planning and to establish a permanent and definable border between the City and County of Santa Clara, the Property should be annexed to the City. City agrees to take the steps necessary to achieve annexation of the Property at the soonest possible opportunity. Owners hereby consent to annexation of the Property and agree to support said annexation. 2. City Processing of Modified Approvals. 142 a. The City agrees to accept the Modified Approvals and to be the entity responsible for issuing, administering, monitoring and enforcing all permits necessary for development of the improvements contemplated by the Modified Approvals, including the grading permit and building permits, and the Farahanchi/Mokhlesis agree to accept the Modified Approvals and to construct their main house remodel/addition and secondary unit in accordance with the Modified Approvals and to pay all fees and submit all materials required for the City to process the annexation, issue, administer, monitor and enforce the Modified Approvals and all necessary permits and approvals. To the extent practicable without prejudicing previously submitted requests for City approvals, the City further agrees to expedite processing of all applications submitted by the Farahanchi/Mokhlesis for the Modified Approvals and to expedite issuance of all necessary permits and approvals. b. All Parties recognize that the development described by the Modified Approvals may be inconsistent in certain respects with otherwise applicable City standards set forth in certain regulations contained in the City Code that regulate the topics identified in Exhibit C attached hereto. Nevertheless, the Parties agree that in processing and approving the permits for the project the City will not require compliance with the City Code provisions that would be inconsistent with the development of the Modified Approvals, including but not limited to those regulations that regulate the topics identified in Exhibit C, but only to the extent necessary to allow Owners to build the development described by the Modified Approvals. The main house, secondary house, pool and related hardscape built as contemplated in Exhibit B to this Agreement shall be treated as though constructed prior to annexation, and therefore as legal nonconforming structures pursuant to Section 15-65.035(a) of the City Code. c. The Parties agree that the City will require compliance with the City building standards set forth in Chapter 16 of the Saratoga City Code that may not apply to development within the County; for example inclusion of an Early Warning Alarm System. Because the City grading, building, and other permits will be replacing building, grading, and other permits issued by the County in 2010, the standards set forth in Chapter 16 of the Saratoga City Code as of December 31, 2010 shall be the standards applied in connection with the Modified Approvals. d. With respect to Exhibit B hereto, the Parties agree that notwithstanding anything to the contrary in that exhibit: (i) all references to “Plans” refer to the development plans approved by the County Building Department as part of building permit No. 46049 issued on 12/15/10; (ii) all references to “the City’s consulting arborist” refer to the arborist on staff in the Community Development Department or, at City’s sole discretion, a consulting arborist to be selected by the City; (iii) if called upon to make determinations pursuant to sections 2.d or 4b the arborist shall apply only the standards set forth in Exhibit B in those paragraphs and those decisions shall not be construed as decisions pursuant to the Saratoga City Code. 3. Timing of Annexation. The City shall consider initiating annexation of the Property at its July 6, 2011 City Council Meeting. Should the City approve the initiation of annexation of the Property at that meeting, then City shall expeditiously process the annexation through the 143 necessary activities of the County surveyor and LAFCO, and upon completion of all necessary processes, the annexation shall be brought to the Saratoga City Council for its final decision. 4. Construction Limitations. Prior to annexation of the Property, no construction of improvements on the Property shall occur; however, should the City approve initiation of annexation of the Property, City staff shall thereafter accept and process grading and building permit applications for the Property, but shall not issue permits until annexation of the Property is completed. In any event, all construction of the improvements on the Property shall be subject to the City’s tree protection requirements under City Code Article 15-50, and to City’s construction rules under Chapter 16 of the Saratoga City Code as that Chapter existed on December 31, 2010. 5. Swimming Pool/Deck. In the City’s processing of an application by Owners for a swimming pool and associated patio/deck on the Property, the site coverage limitations of City Code Section 15-13.080, shall not apply. Owners shall submit their application for the swimming pool and associated patio/deck no later than August 31, 2013. 6. Survival of Rights and Obligations. The rights and obligations of the Parties as set forth in this Agreement shall survive annexation of the Property to the City. 7. Termination of Agreement. This Agreement shall have no further force and effect and each Party shall be released from the obligations set forth herein in the event that annexation of the Property to the City has not occurred within four (4) months after the date of City’s approval of this Agreement. 8. Legal Action. Any party may, in addition to any other rights or remedies herein provided, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of the Parties hereto or obtain any other remedy consistent with this Agreement. In no event shall any Party be entitled hereunder to monetary damages for any action or inaction of another Party hereunder, including breach of contract. Nothing in this Section shall be deemed to limit any Party's rights under the Tort Claims Act or the City's right to collect fees allowable and otherwise due and payable or to impose penalties for violations of City ordinances. 9. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of this Agreement, or to enforce a provision of this Agreement, each party shall bear their own attorneys fees and costs. 10. Controlling Law. This Agreement shall be construed and enforced in accord with the laws of the State of California. 11. No Joint Venture or Partnership. The Parties to this Agreement hereby renounce the existence of any form of joint venture or partnership between any or all of the Parties and agree that nothing contained herein or in any document Executed in connection herewith shall be construed as making any or all of the Parties joint venturers or partners. Further, neither the Neighbors nor the Owners are agents of the City. 144 12. Indemnification. Owners hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers (collectively “City”) harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action by City on the subject Annexation, or any of the proceedings, acts or determinations taken, done or made prior to or concurrently with said Annexation; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of the construction, installation, alteration or grading work by the Owners, or by Owners’ successor(s), or by any person acting on their behalf, authorized by any City action described in subsection 12.a. above. Owner’s obligations under this section shall prevail over any other provision in this Preannexation Agreement. 13. Cooperation in the Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by a third party, governmental agency or official challenging the validity of any provision of this Agreement of the annexation proceedings described herein, the Parties shall cooperate in defending the action or proceeding. 14. Notices. All notices or communications required hereunder between the Parties shall be in writing and may be given either personally or by certified mail, return receipt requested. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority indicates that the mailing was delivered to the address of the receiving party. Any Party hereto, by given ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing. City of Saratoga: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Copy to: Richard S. Taylor City Attorney City of Saratoga The Farahanchi/Mokhlesis: Barton Hechtman Matteoni 0’Laughlin & Hechtman 848 The Alameda San Jose, CA 95126 bgh@matteoni.com 145 The Neighbors Thomas Lippe Lippe Gaffney Wagner LLP 329 Bryant Street, Suite 3D San Francisco, CA 94107 tlippe@lgwlawyers.com 15. Successor and Assigns. The covenants, terms, conditions and restrictions of this Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties hereto, including heirs, assigns, representatives, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts of the City or Owners. All such heirs, representatives, successors, executors, or assigns shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such heirs, representatives, successors, executors, or assigns acquire an interest in the Property. 16. Parties in Interest. This Agreement is entered only for the benefit of the Parties executing this Agreement and not for the benefit of any other individual, entity or person. 17. Amendment of Agreement. This Agreement may be amended in writing by the original Parties or their successors in interest. 18. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 19. Change in Law. If a subsequent change occurs in federal or state laws or the regulations of a federal or state agency which prevents or precludes compliance with a provision of this Agreement, that provision shall be modified or suspended only to the extent necessary to comply with the federal or state law or regulation. 20. Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any Party hereto notwithstanding any change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building ordinance. 21. Entire Agreement. This Agreement, and the conditions referred to herein, and the exhibits attached hereto, constitute the entire understanding and agreement of the Parties and supersede all negotiations or previous agreement of the Parties with respect to all or party of the subject matter hereof. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment to this Agreement. 22. Captions. The captions in this instrument have been inserted solely for convenience or reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 23. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument and shall be effective as of the date hereof. 146 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: CITY OF SARATOGA City of Saratoga, A Municipal Corporation By: ____________________________________ Howard A. Miller, Mayor Date ATTEST: By: Ann Sullivan, City Clerk Date Approved as to Form: ___________________________________ City Attorney, Richard Taylor Date OWNERS By: Nima Mokhlesi Date By: Fariba Farahanchi Date NEIGHBORS By: Wanda Kownacki Date By: James W. Pfeiffer Date By: John Holton Date 147 Exhibit A LEGAL DESCRIPTION OF THE PROPERTY 148 Exhibit B MODIFYING/ADDITIONAL CONDITIONS The following conditions (the “Modifying/Additional Conditions”) modify the County Approvals as described in the Agreement to which this Exhibit is attached and in paragraph 1 below. To the extent that any conflict exists between the Modifying/Additional Conditions and the County Approvals, the Modifying/Additional Conditions shall supersede and control: 1. Changes to the Main House. The following changes to the main house are made relative to the development plans approved by the County Building Department as part of building permit No. 46049 issued on 12/15/10. The location of the main house and its building “footprint” on the Property relative to the Property boundaries shall not be altered from the location shown on these plans, except that the main house’s “footprint” may be made smaller so long as it is located within the perimeter of the “footprint” approved in said plans. The dimensions of the main house shall not be altered from the dimensions of the main house shown on these plans except as described in this Exhibit B. a. The existing primary house rests on a slab foundation. The Plans show the elevation of this slab foundation to be 581’9” above mean sea level (msl), measured from a local manhole cover to which an elevation of 533.75’ msl is ascribed. The Plans show the elevation of the roof of the proposed remodeled primary house to be 22’6” higher than the slab foundation, at 604’3” msl. b. Without determining the accuracy of the msl elevations referenced in subparagraph a of this paragraph 1, the Parties agree that (1) the elevation of the roof of the main house shall be no higher than 21’6” above the existing slab foundation (the elevation of the slab foundation is believed to be 581’9” as shown on the Plans; therefore the maximum roof elevation is believed to be 603’3” msl); (2) the three architectural articulations shown on the Plans as extending above the roof shall be no higher than 24’3” above the existing slab foundation (believed to be 606’0” msl); and (3) no part of the main house, including parapets, solar panels, antennas, or anything else that might be attached to the roof other than the chimney will extend higher than 27’3” above the existing slab foundation (believed to be 609’0” msl); (4) the msl elevations provided in this paragraph are for reference purposes only, and the operative height limits are based on elevation above the existing slab foundation; and (5) Owners will leave the existing slab foundation or a visible and accessible portion thereof in place or will install a visible and accessible permanent monument at the same elevation as the existing slab foundation to permanently establish the elevation of the existing slab foundation. c. Neighbors reserve the right to request validation of these height restrictions during and after construction by a licensed surveyor, at Neighbors’ expense, and Owners agree to allow the surveyor access to the Property for this limited purpose at a time that is mutually convenient for the surveyor and the Owners. 149 d. Owners may elect to reduce the depth of the basement by raising the bottom of the basement, and may make other de minimis changes that do not alter the building envelope or location of the main house on the lot or constitute a “rebuild” under County zoning rules or conflict with any specific provisions of the Agreement. e. All surfaces of the main house including walls, trim, and roofing material and stone but excluding solar panels will meet an LRV (as defined in the Santa Clara County Code) of 45 or less. 2. Changes to the Secondary House. a. The secondary house shall be located such that no part of the structure other than the 30” extension of any bay window (as long as the bay window meets the County’s definition of a bay window in terms of size and location with respect to the structure) is located within 35 feet of the Property’s property line abutting Redberry Drive. b. The garage shown attached to the rear (relative to Redberry Drive) of the secondary house will be relocated to the front side (relative to Redberry Drive) of the secondary house. This change reduces the height of the retaining wall at the Redberry side of the secondary house, resulting in a smaller facade facing Redberry Drive. c. All surfaces of the secondary house including walls, trim, and roofing material and stone will meet an LRV (as defined in the Santa Clara County Code) of 45 or less in shades of natural earth tones (browns, beiges). d. The secondary house will have a landscape plan that calls for an earth “berm” on the Redberry Drive side of the structure (to the extent allowed by the City in light of drainage requirements associated with the nearby creek) and low shrubs and trees to generally, but not entirely screen the façade from street view. This landscape plan will be a condition of the building permit for the secondary house. Pursuant to the landscape plan, utilizing some of the new trees described in Sections 4.a. and 4.b. below, and other vegetation as necessary, Owners shall landscape the Property so that the front facade (being the façade closest to and running parallel to Redberry Drive) of the secondary dwelling is generally, though not entirely screened, from Redberry Drive, given a reasonable time for the vegetation planted to grow and mature. Owners will submit a draft of the landscape plan to Neighbors prior to submission to the City; promptly thereafter, the Owners and Neighbors shall meet and confer, and attempt to reach agreement as to whether the landscape plan will result in the level of screening described in the preceding sentence. In the event the parties cannot agree on the landscape plan, the City’s consulting arborist (or an arborist selected by the City’s consulting arborist should the City’s consulting arborist be unavailable for the task) shall be retained to make a final, unappealable decision on the landscape plan. All costs of the arborist shall be shared 50% by Owners and 50% by Neighbors. 150 3. Swimming Pool. The Owners will apply for and obtain a permit from the City for and before installing a swimming pool and associated patio/deck. The site coverage limitations provided in Section 15-13.080 of the City Code shall not apply to such application. . 4. Trees. a. The following trees can be removed without the further consent of the Neighbors: i) the two necessary to build the main house (which are the subject of an existing County Approval, ii) the small oak not requiring a permit for removal located where the secondary house will be constructed, and iii) the two pine trees marked with blue ribbon and located near the first curve of the driveway. These two pine trees must remain marked with blue ribbon until removed and must be replaced with native species such as oaks. In removing the trees described in this Section 4.a., Owners shall comply with City Code Article 15-50; any replacement trees required by City Code Article 15-50 shall apply toward satisfying the replacement requirements of this Section 4.a. b. The Parties acknowledge that there are many trees on the Property and that their mutual intent is to preserve trees on the Property, but recognize that trees other than the five described in Section 4.a. will need to be removed in order to accommodate the construction contemplated by this Agreement (the “Construction Trees”). Owners have marked with a red ribbon every Construction Tree to the best of their knowledge. The Neighbors have viewed all such marked Construction Trees. The parties agree that certain of the Construction Trees provide visual screening of the main house from off the property. To mitigate the loss of this visual screening and anticipated visual impacts from the new secondary dwelling, Owners agree to plant ten (10) new trees of native species such as oaks, of the following sizes: two 20 gallon trees, four 15 gallon trees and four 10 gallon trees. At least seven of these trees must be planted above the secondary house, to provide screening of the main house from Redberry Drive. Upon completion of the framing of the main house, the Owners and Neighbors shall meet and confer at the Property, and attempt to reach agreement as to where each of the ten (10) trees is to be planted, provided, however, that no new trees are to be planted in the level area to the west of the main house, being the anticipated location of the pool and patio/deck described in Section 3. In the event the parties cannot agree on the locations for each of the trees, the City’s consulting arborist (or an arborist selected by the City’s consulting arborist should the City’s consulting arborist be unavailable for the task) shall be retained to make a final, unappealable decision on the location of each of the trees. All costs of the arborist shall be shared 50% by Owners and 50% by Neighbors. The ten trees shall be planted by Owners within (60) days after the main house Certificate of Occupancy is issued by the City, to avoid interference with construction and damage to the new trees from construction activities. In the event it is determined during construction that a Construction Tree which was not marked with a red ribbon must be removed, then the Owners 151 and Neighbors shall meet and confer to determine, in the Neighbors’ reasonable discretion, whether the tree provides substantial visual screening of the main house from off the property, and if so, Owners shall replace the tree with a native species tree of similar size such as an oak, to be located in a manner that reasonably enhances this visual screening from off the Property. In removing Construction Trees, Owners shall comply with City Code Article 15-50; any replacement trees required by City Code Article 15- 50 shall apply toward satisfying the replacement requirements of this Section 4.b. c. As to all trees on the Property which are not among the five trees described in Section 4.a. and not Construction Trees described in Section 4.b., and which are of a size not requiring a permit from the City of Saratoga, for a period of ten years from the date of this Agreement Owners shall not remove more than two trees per year except that (i) any removal of a tree that is ordered by a governmental agency having jurisdiction, or (ii) any removal of a tree that is certified by a licensed arborist to be dying or to be necessary to abate an imminent hazard to personal safety or personal property, shall not be subject to this numerical limitation. Owners shall replace any tree removed pursuant to this paragraph with a native species tree of similar size such as an oak, to be located in a manner that reasonably enhances the visual screening from off the property. 152 Exhibit C Subjects of Inapplicable Zoning and Grading Regulations of the City of Saratoga • Grading quantities • Height of Main House • Square Footage of Main House • Impervious surface coverage limits applied to the pool, pool deck, driveway, main house and walkways around it, secondary unit and its deck, driveway, and walking paths surrounding it, existing parking spaces at the top of the driveway, and retaining walls across the entire property • Location of the Main House and Secondary House, including but not limited to setbacks from property lines • Discretionary design review pursuant to Article 15-45 of the Saratoga Code of the improvements contemplated in this Agreement, including but not limited to design/architecture of the Main House or Secondary House • Height of the basement • Basement not qualifying as basement (based on too much of its perimeter being above grade, too much of its floor areas receiving daylight, certain significant areas of the basement not being directly situated under first or second floors, or any other reason), resulting in home being considered as having 3 stories • Maximum height limits of retaining walls • In application of the City’s tree protection regulations, requiring redesign/relocation of the improvements contemplated in this Agreement to avoid (a) tree removal (i.e., the agreed remedy is tree replacement pursuant to the City’s tree protection regulations) or (b) placing a structure within five feet of the dripline of a protected tree (in such event the structure must nonetheless comply with any dripline avoidance requirements of the County and the Owners shall consult with the city arborist and comply with the protection and mitigation (including but not limited to tree replacement) recommendations of the city arborist addressing the absence of the five foot buffer normally required by the City). 153 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION PROCEEDINGS FOR 19351 REDBERRY DRIVE (APN 510-25-062) WHEREAS, the City Council is considering the annexation of an approximately 1.39 acre property commonly known as 19351 Redberry Drive, hereinafter referred to as ‘the territory’, APN 510-25-062, contiguous to the City of Saratoga; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is prezoned as Hillside Residential (HR); and WHEREAS, the territory is considered uninhabited for the purposes of annexation proceedings because there are fewer than twelve registered voters and there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City; and WHEREAS, the City and the owners of the territory have entered a Preannexation Agreement concerning the territory whereby the City agrees to process and the owners agree to support the annexation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of the territory to the City known as Assessor’s Parcel Number 510-25-062 located at 19351 Redberry Drive at a meeting to be scheduled to approve the annexation. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 154 ANNEXATION OF APN 510-25-062 (19351 REDBERRY DRIVE) List of Services Report Districts Saratoga Union Elementary School NO CHANGES TO DISRICT Los Gatos Union High School West Valley Community College Saratoga Cemetery Guadalupe –Coyote Resource Conservation Bay Area Air Quality Management Mid-Peninsula Regional Open Space West Valley Sanitation Santa Clara Valley County Water Santa Clara County Zone NC-1 County Water Santa Clara County Importation Water-Miscellaneous Central Fire Protection Santa Clara Valley-Zone W-4 County Water Area No. 01 Library Benefit Assessment County Service Area No. 01 Library Services County Services Santa Clara County Vector Control Services Santa Clara County Street Cleaning NO CHANGE IN SERVICE Santa Clara County provides no street sweeping service. The territory to be annexed, however, is immediately adjacent to a street served by the City street sweeping service so is already receiving this service. Santa Clara County Sheriff’s Department INCREASE IN SERVICE The City of Saratoga has a contract with the Santa Clara County Sheriff’s Department that provides two patrol cars to the City. The County has only one car for this area that also covers the Los Gatos mountains. Santa Clara Valley Transportation Authority NO CHANGE IN SERVICE 155 1 FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER PREANNEXATION AGREEMENT THIS FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER PREANNEXATION AGREEMENT (“First Amendment”) is made this _____ day of November, 2011, by and between the CITY OF SARATOGA (“City”), a municipal corporation of the State of California, Fariba Farahanchi and Nima Mokhlesi (collectively “the Farahanchi/Mokhlesis”), John Holton and Wanda Kownacki (“the Holton/Kownackis”), and Jim Pfeiffer (“Pfeiffer”, and collectively with the Holton/Kownackis, “the Neighbors”). The Farahanchi/Mokhlesis are sometimes referred to herein as “the Owners” and the Owners, City and Neighbors are collectively referred to herein as “the Parties.” RECITALS A. The Parties entered into that certain Farahanchi/Mokhlesi/Holton/Kownacki/Pfeiffer Preannexation Agreement dated July 6, 2011 regarding, among other matters, the annexation of the Property into the City (the “Agreement”). B. The City approved the Agreement on July 6, 2011. C. Section 7 of the Agreement provides that the Agreement terminates if the annexation of the Property has not occurred within four (4) months of the City’s approval of the Agreement. D. The Owners desire to extend the termination date stated in the Agreement as set forth herein. NOW, THEREFORE, for the mutual promises hereinafter stated, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Definitions. Defined terms in this First Amendment shall have the same meaning as in the Agreement unless otherwise indicated. 2. Modified and/or Additional Provisions. The following provisions are hereby revised and/or added to the Agreement: Section 7. “Termination of Agreement” Section 7 of the Agreement is hereby amended to delete the language “within four (4) months after the date of City’s approval of this Agreement” and to substitute therefore the following language: “by February 2, 2012”. 3. Effective Date. This First Amendment shall take effect only upon, from and after its execution by all of the signatories below. 4. Inconsistency 156 2 In the event of any inconsistency between the terms of this First Amendment and the terms of the Agreement, the terms of this First Amendment shall control as to the matters which are the subject of this First Amendment. 5. Ratification. Except as amended by this First Amendment, the terms and provisions of the Agreement are hereby ratified, confirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: CITY OF SARATOGA City of Saratoga, A Municipal Corporation By: ____________________________________ Howard A. Miller, Mayor Date ATTEST: By: Ann Sullivan, City Clerk Date Approved as to Form: ___________________________________ City Attorney, Richard Taylor Date OWNERS By: Nima Mokhlesi Date By: Fariba Farahanchi Date NEIGHBORS By: Wanda Kownacki Date By: James W. Pfeiffer Date By: John Holton Date 157 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 2, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay SUBJECT: Sign Ordinance Update __ RECOMMENDED ACTION: Provide input to staff. REPORT SUMMARY: The City’s Sign Ordinance (Article 15-30) received its last major update in the early 1990s with some minor updates in 2006. Over time, several court cases have established the legal framework used to determine whether a sign ordinance conforms to the First Amendment of the U.S. Constitution. Several regulations of the existing Sign Ordinance restrict signs based on content, such as political signs and real estate signs. Therefore the primary objective of the Sign Oridinance Update is to make Saratoga’s sign regulations content neutral. A regulation that is content neutral is one which is applicable regardless of the message of the sign. Secondary objectives, discussed at two City Council/Planning Commission joint meetings included: • Consider sign ordinances of other cities • Consider the appropriate parameters (area, height, type, etc.) for Saratoga • Updated ordinance should reflect the values of our community • Consider implementation (e.g. amortization schedule, enforcement, timing) • Design Guidelines might be needed Overview: On January 28th, 2011, the City Council directed staff to complete an update to the Sign Ordinance. Public outreach through the Chamber of Commerce began in February. A survey to gather public opinions on various aspects of the current Sign Ordinance was placed on the City website and mailed to several hundred businesses, representatives from local Home Owners Associations, and anyone who signed up to receive emails about City activities. In addition to a public workshop sponsored by the Chamber of Commerce on June 23rd, the Planning Commission held sign ordinance study sessions on July 12th, August 22nd, September 27th, October 11th, and October 18th. Progress made during these study sessions is discussed further in this report. 158 Page 2 of 2 Discussion: On July 12th, a draft ordinance, prepared by staff in cooperation with the City Attorney’s office, was presented to the Planning Commission. The draft ordinance had the following changes: (1) eliminated direct references to content; (2) reduced redundancy in the Code; (3) generally kept the same standards for sign size, design, placement, lighting, materials, and type of sign structures; and (4) generally kept the same format for regulating signs by zoning district. Following the July 12th Study Session, Planning Commissioners each took a different area of the city and photographed most signs throughout the city to develop a database of signs that exist in Saratoga today. On August 22nd, the Commission reviewed the sign photos to understand the diversity and parameters (e.g. area, height, materials, etc.) that define the signs that exist today. This was to provide context between the existing ordinance and the direction for the ordinance update. On September 27th, the Commission discussed larger signs throughout the City including free standing signs and building signs with consideration for the variability and parameters of these signs in different areas and zoning districts. The Commission also discussed reorganizing the ordinance by sign districts. On October 11th, the Commission reviewed the organization of the ordinance by business sign district rather than zoning district. The four distinct areas would be 1) The Village and the businesses near the intersection of Saratoga Avenue and Highway 9; 2) Quito Village and the businesses near the intersection of Cox Avenue and Saratoga Avenue; 3) businesses near the intersection of Prospect Avenue and Lawrence Expressway; and 4) businesses along Saratoga- Sunnyvale Road. On October 18th, the Commission continued to discuss and update the parameters (e.g., area and height) for free standing signs and building signs in the four sign districts. Over the next few months, the Commission will review and update the remainder of the code as illustrated in the attached timeline. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1) Sign Ordinance Timeline 159 PLANNING COMMISSION SCHEDULE FOR UPDATING THE SIGN ORDINANCE November 8th Study Session (5-6pm) Big Basin Mixed Use (6-8:30pm) Complete Sections 15-30.070 through 15-30.100 - Free Standing and Building Signs for Retail and Office Uses in Village Sign District, Cox/Saratoga Avenue Sign District, Prospect Road Sign District, and Saratoga-Sunnyvale Road Sign District December 13th Study Session Section 15-30.050 (Signs Allowed in any District without a permit) Window signs, temporary/portable signs, “actively marketed” signs, neon signs, and A-frame signs January 10th Study Session Section 15-30.060 (Signs Allowed in Any District with a Permit) Agricultural Uses, Residential/MF/Hotels, Subdivisions, Public Assembly, Schools/Churches, Gas Stations *January 17th Notice due for Planning Commission (2/8/12) January 24th Study Session Sections 15-30.170 through 15-30.180 – Amortization, Abatement, and Violations of Nonconforming signs February 7th Study Session Sections 15-30.010 through 15-30.040 and Sections 15-30.110 through 15- 30.160 and Section 15-30.190 February 21st Planning Commission Public Hearing March 14th Study Session April 11th Planning Commission Public Hearing **April 11th Notice due for City Council (5/2/12) May 2nd City Council Public Hearing May 16th City Council 2nd Reading *Note: Planning Commission Notice due (1/17) before Study Sessions are completed (1/24) **Note: City Council Notice due morning of final Planning Commission Public Hearing (4/11) 160