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Home My WebLink AboutPacket.pdfTable of Contents Agenda 2 Recovery Month Proclamation Staff Report 7 Attachment A: Proclamation Declaring September 2011 as Recovery Month in the City of Saratoga 9 Saratogan Readership Drawing Staff Report 10 City Council Regular Meeting Minutes – August 17, 2011 Staff Report 12 Minutes 13 Review of Accounts Payable Registers AP Check Register Report 27 August 11, 2011 Check Register 29 August 18, 2011 Check Register 33 August 25, 2011 Check Register 36 Treasurer’s Report for the Month Ended June 30, 2011 Treasurer’s Report for the Month Ended June 30, 2011 39 Treasurer’s Report for the Month Ended July 31, 2011 Treasurer’s Report for the Month Ended July 31, 2011 44 Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority Staff Report 49 Attachment A: Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority 51 22480 and 22490 Mt. Eden Road (APN 503-09-003 and 503-80- 004) Staff Report 52 Resolution 54 Rescission Deeds 58 Merger 78 Pre-Annexation 89 Williamson Act 103 Legal Opinions 120 4-20-11 City Council Report 128 Conditional Use Permit (CUP) Fee Reimbursement for Vine Life Gifts Staff Report 132 CUP Reimbursement Balance Table 135 AlertSCC Non-Emergency Messaging Staff Report 136 Attachment A: AlertSCC Non-Emergency Messaging Opt In/Opt Out Authorization Form 138 1 WEDNESDAY, SEPTEMBER 7, 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 September 1, 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. Recovery Month Proclamation Recommended action: Read and present the proclamation declaring September 2011 as Recovery Month in the City of Saratoga. 2. Saratogan Readership Drawing Recommended action: Randomly draw the name of one person who responded to the Saratogan readership poll and announce the winner. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 2 SPECIAL PRESENTATIONS None 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 – August 17, 2011 Recommended action: Approve minutes as submitted for the August 17, 2011, City Council Regular Meeting. 4. Review of Accounts Payable Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: August 11, 2011 August 18, 2011 August 25, 2011 5. Treasurer’s Report for the Month Ended June 30, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended June 30, 2011. 6. Treasurer’s Report for the Month Ended July 31, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended July 31, 2011. 7. Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority Recommended action: Adopt the attached resolution authorizing the City of Saratoga to continue its participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) Program. PUBLIC HEARINGS None OLD BUSINESS 8. 22480 and 22490 Mt. Eden Road (APN 503-09-003 and 503-80-004) Recommended action: Ratify the April 20, 2011 approval of the Integrated Annexation Package (including all revised implementing documents) related to the properties at 22480 and 22490 Mt. Eden Road (APNs 503-09-003 and 503-80-004) by adopting the attached Resolution 3 and authorizing execution and recordation of the associated revised Integrated Annexation Package documents. NEW BUSINESS 9. Conditional Use Permit (CUP) Fee Reimbursement for Vine Life Gifts Recommended action: Staff recommends the City Council expend the remaining $2,300 of the New Business Incentive Program to partially reimburse the Conditional Use Permit fee for Vine Life Gifts. 10. AlertSCC Non-Emergency Messaging Recommended action: Appoint the City Manager as the authorized representative to respond to the Santa Clara County request to opt in or out of AlertSCC non-emergency messaging services and direct the City Manager to opt out of AlertSCC non-emergency messaging. 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 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 4 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 posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on September 1, 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 1st day of September at Saratoga, California. Ann Sullivan, CMC City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 9/21 Regular Meeting –Joint meeting with Saratoga/Monte Sereno Community Foundation 10/5 Regular Meeting –Joint meeting with Traffic Safety Commission 10/19 Regular Meeting –Joint meeting with Assemblymember Jim Beall, Jr. 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting –Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting -- Joint meeting with Heritage Preservation Commission and Historical Foundation 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 6 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Recovery Month Proclamation RECOMMENDED ACTION: Read and present the proclamation declaring September 2011 as Recovery Month in the City of Saratoga. BACKGROUND: There are approximately 22.5 million Americans over the age of 12 that currently suffer from a substance use disorder and 45.1 million adults in the U.S. living with a mental health problem. Research has shown that both substance use and mental health disorders are treatable and people can recover from these conditions. For the past 22 years, local governments around the nation have recognized September as Recovery Month to raise awareness of substance use and mental health problems and the treatment options available for those suffering with these disorders. Gabrielle Antolovich, Executive Director of Voices United, will be accepting the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The proclamation would not be presented and September 2011 would not be declared as Recovery Month in the City of Saratoga. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. 7 Page 2 of 2 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: Proclamation Declaring September 2011 as Recovery Month in the City of Saratoga 8 CITY OF SARATOGA PROCLAMATION DECLARING SEPTEMBER 2011 AS RECOVERY MONTH IN THE CITY OF SARATOGA WHEREAS, substance use and mental health disorders are serious public health problems; and WHEREAS, there are approximately 22.5 million people over the age of 12 currently suffering from a substance use disorder and there are 45.1 million adults 18 years and older living with a mental health problem; and WHEREAS, behavioral health is an essential part of one’s overall wellbeing; and WHEREAS, in 2009, 4.3 million people 12 years and older received treatment for substance use disorders and 30.2 million adults received services for mental health problems in the United States; and WHEREAS, research shows that treatment for substance use and mental disorders is effective and can help increase the quality of life of people living with these conditions; and WHEREAS, it is critical to educate the public that substance use and mental health disorders are treatable and that people should seek assistance with these conditions; and WHEREAS, resources exist in our community to help people with substance use and mental health disorders; and WHEREAS, for the past 22 years, local governments have recognized September as Recovery Month to improve the lives of those suffering from substance use and mental disorder by raising awareness of the disease and treatment resources; NOW, THEREFORE, I, Howard A. Miller, Mayor of the City of Saratoga, do hereby proclaim September 2011 as Recovery Month in the City of Saratoga, and urge all citizens to learn more about substance use and mental health disorders and celebrate the achievements of those who have achieved long-term recovery. _________________________ Howard A. Miller, Mayor City of Saratoga 9 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Saratogan Readership Drawing RECOMMENDED ACTION: Randomly draw the name of one person who responded to the Saratogan readership poll and announce the winner. BACKGROUND: During the June 1, 2011 City Council meeting, the Council directed staff to include an article in the Fall Saratogan asking readers to participate in a readership poll. Participants in the drawing are eligible to win a $50 gift certificate for a Saratoga business to be selected by the winner. Participants had the option to enter the drawing by submitting their name and contact information to the City via the website, email, or phone. The article inviting the public to participate in a readership poll was published in the Fall Saratogan, which was mailed to residents in August 2011. The article indicated that the winner of the drawing would be announced at the September 7, 2011 meeting and September 6, 2011 was the deadline for entry. The winner of the drawing will be contacted by staff following the City Council meeting. FISCAL IMPACTS: The cost of holding the readership drawing is $50. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City will not conduct the Saratogan readership drawing. ALTERNATIVE ACTION(S): N/A 10 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: N/A 11 SARATOGA CITY COUNCIL MEETING DATE: September 7, 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 – August 17, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the August 17, 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 August 17, 2011, City Council Regular Meeting. 12 1 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING AUGUST 17, 2011 The City Council met in Closed Session in the Administrative Conference Room at 4:30PM. ANNOUNCEMENT OF CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation – Significant Exposure to Litigation (Government Code Section 54956(b): 2 cases. Conference with Real Property Negotiators (Government Code Section 54956.8) Property described as APN517-32-001 and APN503-48-014. Conference with Legal Counsel - City-Designated Labor Negotiators Pursuant to Government Code Section 54957.6 Public Employee Performance Evaluation (Government Code Section 54957) Title: City Attorney Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director Chris Riordan, Interim Community Development Director Michael Taylor, Recreation and Facilities Director Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA 13 2 City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of August 17, 2011, was properly posted on August 11, 2011. REPORT FROM CLOSED SESSION Mayor Miller announced there was no reportable information from Closed Session and that Council would return to the Administrative Conference Room following the Regular Meeting to address the remaining Closed Session items. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Elaine Clabeaux addressed the Council regarding the progress of the Prospect Avenue median project. She noted this project should be regarded as a safety improvement project for school children rather than a beautification project, specifically in the Miller Avenue and Scully Road area. [Mayor Miller noted the City is addressing the cross walk improvements near Christa McAuliffe Elementary School and the Prospect Avenue project improvements are continuing]. Vishal Goel invited everyone to the Bollywood Dance on Sunday, August 21st from 5:00 p.m. to 8:00 p.m. in the Village. Scott Anderson addressed the Council regarding the new boutique shop in the Village – “A Vine Life” and asked Council to consider waiving the $3,500 Conditional Use Permit (CUP) fee. Denise Goldberg addressed the Council regarding a residential remodel under construction on an adjoining parcel to her property. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Tamon Norimoto, PG&E governmental representative, provided a brief report on the extensive tree removal activity along Joe’s Trail. He acknowledged the many complaints received by the City and PG&E regarding the removal of so many trees. He explained the reason for the tree removal and the methodology used in order to prevent major power outages caused by tree foliage in the proximity of power lines. He noted PG&E will be replanting native vegetation and new trees in the tree removal area. In addition, he noted PG&E will work with City staff to ensure a long-term irrigation plan for the newly planted trees and shrubs. Mr. Norimoto noted citizens could call him directly at 408.282.7294 regarding any additional questions they have. Council asked that PG&E take great steps to ensure that all new plantings are watered sufficiently and to have a long-term irrigation plan. Council also recommended that PG&E improve their outreach program to the public regarding extensive tree removal projects. 14 3 COUNCIL DIRECTION TO STAFF Council Member Cappello suggested agendizing the CUP fee waiver request presented by Scott Anderson. Vice Mayor Page seconded Council Member Cappello’s request. ANNOUNCEMENTS Council Member Hunter noted the Senior Center is hosting a pancake breakfast on Saturday morning along with a Garage Sale in the parking lot at the Community Center. Council Member Lo announced the Saratoga Library will be closed on August 23rd for technology upgrades. In addition, she noted the public input meeting regarding the Sign Ordinance update will be at 5:00 p.m. on August 22nd in the Administrative Conference Room at City Hall. CEREMONIAL ITEMS 1. GENERAL OBLIGATION BOND REFUNDING SUMMARY REPORT STAFF RECOMMENDATION: 1. Review 2001 General Obligation Bond Refunding Summary Report, refunding documents and schedules, and new 2011 GO Bond Debt Payment Schedule. 2. Present Mayor Howard A. Miller with a commendation from the City for initiating the General Obligation Bond refunding. Mary Furey, Finance and Administrative Services Director, presented the staff report. Following Ms. Furey’s brief report, Vice Mayor Page and Council Members Hunter, Lo, and Cappello read and presented a commendation to Mayor Miller recognizing him for his financial astuteness with regard to the GO Bond Debt refinancing. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. CITY COUNCIL REGULAR MEETING MINUTES – JULY 6, 2011 STAFF RECOMMENDATION: Approve minutes. Council Member Hunter removed this item for one correction. HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – JULY 6, 2011 AS AMENDED. MOTION PASSED 5-0- 0. 3. CITY COUNCIL SPECIAL MEETING MINUTES – JULY 14, 2011 15 4 STAFF RECOMMENDATION: Approve minutes as submitted for the July 14, 2011, City Council Special Meeting. HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL SPECIAL MEETING MINUTES – JULY 14, 2011. MOTION PASSED 5-0-0. 4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable cycles: June 30, 2011 July 7, 2011 July 11, 2011 July 14, 2011 July 18, 2011 HUNTER/PAGE MOVED TO APPROVE THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE CYCLES: JUNE 30, 2011, JULY 7, 2011, JULY 11, 2011, JULY 14, 2011, AND JULY 18, 2011. MOTION PASSED 5-0-0. 5. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTER STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 21, 2011 July 25, 2011 August 4, 2011 August 9, 2011 HUNTER/PAGE MOVED TO APPROVE THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JULY 21, 2011, JULY 25, 2011, AUGUST 4, 2011, AND AUGUST 9, 2011. MOTION PASSED 5-0-0. 6. TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2011 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended May 31, 2011. HUNTER/PAGE MOVED TO APPROVE THE TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2011. MOTION PASSED 5-0-0. 7. ANNUAL APPROVAL OF THE CITY’S INVESTMENT POLICY STAFF RECOMMENDATION: 16 5 That the City Council review and approve the Investment Policy for Fiscal Year 2011/12. Vice Mayor Page removed this item for comment and clarification. Mary Furey, Finance and Administrative Services Director, explained the Investment Policy. PAGE/CAPPELLO MOVED TO APPROVE THE INVESTMENT POLICY FOR FISCAL YEAR 2011/12. MOTION PASSED 5-0-0. 8. CITIZEN OPTIONS FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS GRANT (COPS/SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program’s Supplemental Law Enforcement Services Fund (COPS/SLESF) grant as a source of funds for additional public safety services. Council Member Hunter removed this item for discussion and clarification. Mary Furey, Finance and Administrative Services Director, explained the Supplemental Law Enforcement Services Funds Grant (COPS/SLESF) RESOLUTION NO. 11 – 055 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE CITIZEN OPTIONS FOR PUBLIC SAFETY PROGRAM’S SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) GRANT AS A SOURCE OF FUNDS FOR ADDITIONAL PUBLIC SAFETY SERVICES. MOTION PASSED 5-0-0. 9. ORDINANCE TO AMEND THE CITY FIRE CODE TO EXEMPT FROM AUTOMATIC SPRINKLER SYSTEM REQUIREMENTS PARKING STRUCTURES MADE FROM NON-COMBUSTIBLE MATERIALS THAT ARE AT LEAST 20 FEET FROM THE NEAREST BUILDING AND MEET CERTAIN OTHER REQUIREMENTS. STAFF RECOMMENDATION: Adopt attached ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. ORDINANCE NO. 287 HUNTER/PAGE MOVED TO ADOPT ORDINANCE TO AMEND THE CITY FIRE CODE TO EXEMPT FROM AUTOMATIC SPRINKLER SYSTEM REQUIREMENTS PARKING STRUCTURES MADE FROM NON- 17 6 COMBUSTIBLE MATERIALS THAT ARE AT LEAST 20 FEET FROM THE NEAREST BUILDING AND MEET CERTAIN OTHER REQUIREMENTS. MOTION PASSED 5-0-0. 10. SARATOGA MONTE SERENO COMMUNITY FOUNDATION SCOTT PETERSEN MEMORIAL COLLECTION STAFF RECOMMENDATION: Accept donated funds collected by Saratoga Monte Sereno Community Foundation in memory of Scott Petersen for the Saratoga Community Emergency Response Team (CERT). Council Member Hunter removed this item for comment and discussion. Crystal Morrow, Administrative Analyst, presented the staff report. Ms. Morrow noted that $1,180 dollars were donated in Scott Peterson’s memory and at the request of Scott Peterson’s parents those funds are to be used by the Saratoga Community Emergency Response Team (CERT). The following people requested to speak on this item: Terrie Creamer, President of the Saratoga-Monte Sereno Community Foundation. Kathleen King, former Saratoga Council Member and Mayor. On behalf of the Council, Mayor Miller accepted the $1,180 check to the City of Saratoga which, at the request of Mr. and Mrs. Peterson, is to be used by the Saratoga Community Emergency Response Team (CERT). Mayor Miller expressed his thanks to the people who donated in Scott Peterson’s memory. HUNTER/PAGE MOVED TO ACCEPT DONATED FUNDS COLLECTED BY SARATOGA MONTE SERENO COMMUNITY FOUNDATION IN MEMORY OF SCOTT PETERSEN FOR THE SARATOGA COMMUNITY EMERGENCY RESPONSE TEAM (CERT). MOTION PASSED 5-0-0. 11. SARATOGA MONTE SERENO COMMUNITY FOUNDATION GRANT FOR TREE DEDICATION PROGRAM STAFF RECOMMENDATION: Accept grant from the Saratoga Monte Sereno Community Foundation and approve the attached budget adjustment resolution. Council Member Hunter removed this item for comment. The following people requested to speak on this item: Terrie Creamer, President of the Saratoga-Monte Sereno Community Foundation. Kathleen King, former Saratoga Council Member and Mayor. 18 7 On behalf of the Council, Mayor Miller accepted the $2,500 check to the City of Saratoga. This grant is to be used by the Saratoga Tree and Bench Dedication Program to further reduce the cost of trees purchased from $250 per tree to $125 per tree for up to 20 trees. RESOLUTION NO. 11 - 059 HUNTER/PAGE MOVED TO ACCEPT GRANT FROM THE SARATOGA MONTE SERENO COMMUNITY FOUNDATION AND APPROVE THE BUDGET ADJUSTMENT RESOLUTION. MOTION PASSED 5-0-0. 12. QUITO ROAD BRIDGES ENVIRONMENTAL WORK STAFF RECOMMENDATION: Authorize the City Manager to execute a contract for consulting services with the David J. Powers & Associates for NEPA and CEQA environmental documents for the Quito Road Bridge Replacements for the amount of $135,195.00. HUNTER/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSULTING SERVICES WITH THE DAVID J. POWERS & ASSOCIATES FOR NEPA AND CEQA ENVIRONMENTAL DOCUMENTS FOR THE QUITO ROAD BRIDGE REPLACEMENTS FOR THE AMOUNT OF $135,195.00. MOTION PASSED 5-0-0. 13. TRAFFIC SAFETY COMMISSION MEETING SCHEDULE STAFF RECOMMENDATION: Move to adopt the resolution approving a revised meeting schedule. RESOLUTION NO. 11 – 056 HUNTER/PAGE MOVED TO ADOPT THE RESOLUTION APPROVING A REVISED MEETING SCHEDULE. MOTION PASSED 5-0-0. 14. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON MELINDA CIRCLE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting parking on a portion of Melinda Circle. MV RESOLUTION NO. 299 HUNTER/PAGE MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A PORTION OF MELINDA CIRCLE. MOTION PASSED 5-0-0. 15. SARATOGA EMPLOYEE ASSOCIATION (SEA) SIDE LETTER OF AGREEMENT FOR REDUCTIONS 19 8 STAFF RECOMMENDATION: Adopt resolution approving the side letter of agreement with SEA agreeing to both long term and short term reductions in compensation and/or benefits currently provided to the SEA-represented employees. Council Member Hunter removed this item for comment. RESOLUTION NO. 11 – 057 HUNTER/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE SIDE LETTER OF AGREEMENT WITH SEA AGREEING TO BOTH LONG TERM AND SHORT TERM REDUCTIONS IN COMPENSATION AND/OR BENEFITS CURRENTLY PROVIDED TO THE SEA-REPRESENTED EMPLOYEES. MOTION PASSED 5-0-0. PUBLIC HEARINGS None OLD BUSINESS 16. REVIEW OF THE CITY’S “OVER THE COUNTER” DEVELOPMENT REVIEW PROCESS STAFF RECOMMENDATION: Provide direction to staff on the following alternatives to modify the Community Development Department’s process of reviewing non-discretionary residential building permit applications for any new structure, addition to footprint of a structure or increase in structure height as to “Over the Counter: clearance. Chris Riordan, Acting Community Development Director, presented the staff report. Mayor Miller invited public comment. The following people requested to speak on this item: Elaine Clabeaux noted she supports neighborhood notification; an appeal process that residents are aware of; and the posting of permits on the remodel property. Adam Montgomery noted the Silicon Valley Association of Realtors is not supportive of either option 1 or option 2 as alternatives to modify the Community Development Department’s process of reviewing non-discretionary residential building permit applications. They do support notification to surrounding neighbors and posting a project sign. He added that when a public notice is provided to a neighboring property owner, there is an assumption that there is a right to appeal or comment; however, if it is an Administerial Permit process, the adjoining neighbor doesn’t have that right. He suggested there be an agreement between the City and the property owner applying for a permit that the property owner notifies the neighbors or, that a sign be placed on the front of the property noting the planned remodel. 20 9 Denise Goldberg read a statement regarding her concerns over the residential remodel under construction on the property adjoining her property. Ms. Goldberg recommended implementing a neighborhood notification process without change to the appeals process. Doug Robertson, Planning Commissioner and resident, recommended rectifying the expansion or reconstruction of the 50% rule and agreed with Ms. Goldberg’s suggestion that thresholds of square footage would be preferable, rather than the 50% rule. He also recommended the City lower the height limit of 18 feet to 14 feet or something in that height range. He noted that he does support the 10-day review process period. He noted that currently there are limits regarding square footage and height limits and this isn’t consistent with our values in terms of allowing an 18 foot single story with a 2,000 square foot addition being allowed, without anything more than an Over the Counter Review (OTC). He noted that Council could choose to have everything go to the Planning Commission for review or they could look at the current limits set on square footage and height, and what is allowed under Administrative Review of OTC and, if appropriate, adjust those limits. No one else requested to speak on this item. Mayor Miller closed the public comment period. Council concurred that some changes to the Over-the-Counter (OTC) review process needed to be made immediately to allow for neighbor awareness and comments. They also concurred there were additional aspects of the review process that needed further research and discussion along with public input. Council concurred to agendize the OTC review process for discussion and direction at the Council Retreat in January 2012. MOTION TO DIRECTION: PAGE/HUNTER MOVED TO, AS A STOP GAP MEASURE, THE FOLLOWING: ANY APPLICANT SUBMITTING A BUILDING PERMIT APPLICATION FOR RESIDENTIAL ADDITIONS THAT INCLUDES EITHER AN INCREASE IN FLOOR AREA OR AN INCREASE IN BUILDING HEIGHT AND WHOSE PROJECT WILL BE REVIEWED OVER-THE-COUNTER; O IS REQUIRED TO POST A PROJECT DESCRIPTION ON A WEATHER-PROOF SIGN ON A STAKE IN THE GROUND LOCATED IN THE FRONT YARD FOR EASY VISUAL AND REVIEW OF NEIGHBORS, FOR THE DURATION OF THE REMODEL PROJECT, THEREBY, INITIATING THE 10-DAY PERIOD FOR COMMENT EFFECTIVE THE FOLLOWING DAY; AND O AGENDIZE THIS EVENINGS RECOMMENDATIONS FOR FURTHER DISCUSSION AND DIRECTION AT THE ANNUAL COUNCIL RETREAT REGARDING: 21 10  SYNCING THE LANGUAGE OF LEVELS OF QUALIFICATION FOR NEIGHBORHOOD NOTIFICATION;  RESPONSIBLE PARTY FOR NEIGHBORHOOD NOTIFICATION;  PARAMETERS REGARDING SQUARE FEET AND HEIGHT LIMITS;  IF COUNCIL CONCURS AT THE ANNUAL COUNCIL RETREAT, ASSIGN THIS ITEM TO THE PLANNING COMMISSION FOR ADDITIONAL REVIEW, WITH PUBLIC INPUT, AND A RECOMMENDATION FOR A NEW PROCESS OF REVIEWING NON-DISCRETIONARY RESIDENTIAL BUILDING PERMIT APPLICATIONS FOR ANY NEW STRUCTURE, ADDITION TO FOOTPRINT OF A STRUCTURE OR INCREASE IN STRUCTURE HEIGHT. Mayor Miller asked for a friendly amendment to the motion noting that the 10-day appeal period will officially begin upon verification from City staff noting that the proposed remodel notice has been posted in the front yard of the proposed remodel property. Vice Mayor Page concurred with the friendly amendment to the motion and Council Member Hunter seconded the friendly amendment as well. MOTION PASSED 5-0-0. Council Member Hunter inquired about using the City website to post permit applications. City Manager Dave Anderson stated this feature will become available in the near future via the TrakIT software that is currently being used in the Community Development Department. Council Member Cappello noted Council hasn’t addressed the issue of the types of projects that would be considered discretionary and subject to Administrative Design Review allowing the Community Development Director to implement changes. Mayor Miller noted the Planning Commission is working on their goals for this year and that this issue should be discussed at the annual Council Retreat in January 2012. Vice Mayor Page concurred with Mayor Miller and added that the Council should have an opportunity to discuss this issue in depth and that the Council Retreat is the opportune time to discuss and provide direction to the Planning Commission. Council Member Cappello noted he is anxious to address this issue; however, he is in agreement with Mayor Miller’s suggestion to agendize this issue for discussion at the 2012 Council Retreat. 22 11 17. ACQUISITION OF CONGRESS SPRINGS PROPERTY FROM THE COUNTY OF SANTA CLARA INCLUDING DEDICATION OF CONSERVATION EASEMENT TO THE COUNTY OF SANTA CLARA AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION. STAFF RECOMMENDATION: Approve the attached resolution (1) adopting the Negative Declaration for the acquisition and easement; (2) approving a project funding agreement with Midpeninsula Regional Open Space District (MROSD) and County of Santa Clara Parks and Recreation Department; (3) approving a purchase agreement with Santa Clara County Roads Department; and (4) granting a conservation easement to the County of Santa Clara and the MROSD. Richard Taylor, City Attorney, presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment period. RESOLUTION NO. 11 – 058 PAGE/ HUNTER MOVED TO APPROVE THE RESOLUTION (1) ADOPTING THE NEGATIVE DECLARATION FOR THE ACQUISITION AND EASEMENT; (2) APPROVING A PROJECT FUNDING AGREEMENT WITH MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD) AND COUNTY OF SANTA CLARA PARKS AND RECREATION DEPARTMENT; (3) APPROVING A PURCHASE AGREEMENT WITH SANTA CLARA COUNTY ROADS DEPARTMENT; AND (4) GRANTING A CONSERVATION EASEMENT TO THE COUNTY OF SANTA CLARA AND THE MROSD. MOTION PASSED 5-0-0. 18. LET’S MOVE CITY PLAN STAFF RECOMMENDATION: Accept report and approve the draft Let’s Move City Plan. Crystal Morrow, Administrative Analyst, presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment period. LO/PAGE MOVED TO APPROVE THE DRAFT LET’S MOVE CITY PLAN. MOTION PASSED 5-0-0. NEW BUSINESS 23 12 19. CONSIDER PROPOSED RESPONSES TO SANTA CLARA COUNTY CIVIL GRAND JURY REPORTS ON REHIRING PENSIONERS, EMERGENCY DISPATCH IN SANTA CLARA COUNTY, AND FIRE DEPARTMENT RESPONSE PROTOCOLS AND CONSOLIDATION OPPORTUNITIES STAFF RECOMMENDATION: Review the Grand Jury Reports and authorize the Mayor to sign the proposed responses. City Attorney Richard Taylor presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment period. Vice Mayor Page suggested re-wording the response to the Grand Jury Report regarding “Fighting Fire or Fighting Change?” in Recommendation 1B to say, “the City will continue to evaluate the responses from the Santa Clara County Fire Department (SCCFD)”. He noted the City receives a weekly report from the SCCFD that shows where they responded and why and that one of the areas the SCCFD could expand on is the response time so that the City could determine what their service level commitment is to the City and its residents, and is the SCCFD meeting this service level. Vice Mayor Page recommended changing the wording to: “the City will implement this recommendation on an ongoing basis through regular consultations with the independent fire districts serving Saratoga residents”. PAGE/HUNTER MOVED TO AUTHORIZE THE MAYOR TO SIGN THE PROPOSED RESPONSES AS AMENDED. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – Nothing to report. Vice Mayor Chuck Page – reported: Council Finance Committee – met today. Let’s Move City – met today and this item was voted on during this evening’s meeting. Councilmember Jill Hunter – reported: Historical Foundation – is having an event a week from this Sunday and there is an auction event scheduled at Saratoga Springs in October. Councilmember Emily Lo – reported: Library Joint Powers Association - She received letters from the Mayor of Los Altos Hills and the Mayor of Los Altos regarding their concern pertaining to the Library JPA 24 13 decision to implement the $80 non-resident fee for library cards (which exempts students in grades K through 8 within the county jurisdiction). *Councilmember Lo noted she attended the last VTA Advisory Committee meeting as an alternate for Mayor Miller. She stated there is a status report available regarding the Expressway Lane on Interstate 680 from September 20, 2010 to June 30, 2011 and noted there are 45,000 first-time users since the opening of this lane, generating a daily revenue average of $3,600. Councilmember Manny Cappello – reported: Chamber of Commerce – the Saratoga Farmers Market is expanding weekly and has relocated to Blaney Plaza. Santa Clara County Emergency Council – attended the last meeting and noted the Emergency Council is diligently advocating the Alert SCC program and recommended that everyone visit their website at www.alertscc.com and sign up for emergency alert information. He added he is participating in a sub-committee of this group that has been tasked to create “best practices” in terms of what the other cities in the County are doing regarding emergency preparedness. CITY COUNCIL ITEMS Vice Mayor Page noted he received the packet from the League of California Cities (LCC) regarding the LCC annual meeting and noted there are several resolutions that he will be voting on as the delegate from the City of Saratoga: Alternative Methods of Meeting Public Noticing Requirements; TORT Reform; Raising Public Awareness About the Imminent Health and Safety Concerns for Bullied Children; Prison Rape Elimination Act of 2003; Replacement of the Death Penalty with a Sentence of Life Imprisonment Without the Possibility of Parole; and to Provide a Commendation to the “New” City of Bell. He added this item could be agendized for review on the next agenda if Council was interesting in discussing these items prior to the September conference. Council Member Hunter expressed her appreciation of the PGE representative attending the meeting this evening and addressing the Council regarding the tree removal issue. CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business, at 10:45 p.m. Mayor Miller stated Council would move to the Administrative Conference Room to continue with Closed Session items and the Regular meeting will adjourn from there after the completion of the Closed Session items. PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AFTER THE COMPLETION OF CLOSED SESSION. MOTION PASSED 5-0-0. Respectfully submitted, 25 14 Ann Sullivan, CMC City Clerk 26 Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 08/11/11 118403 118458 56 102,265.92 08/11/11 08/04/11 118402 08/18/11 118459 118504 46 50,934.01 08/18/11 08/11/11 118458 08/25/11 118505 118524 20 72,460.42 08/25/11 08/18/11 118504 Date Check No. Issued to Dept.Amount 08/11/11 118410 Non-Deptl 50,373.99 The following are Accounts Payable checks that were voided: AP Date Check No.Amount 07/21/11 118282 1,123.22 WC Quarterly Premium The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose Comp Shared Risk Pool Workers Comp SARATOGA CITY COUNCIL MEETING DATE:September 7, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Description Issued to Barbara Powell Void - reissue PREPARED BY: Accounts Payable DEPT. DIRECTOR: Prior Check Register Accounts Payable Accounts Payable Checks Released August 11, 2011 August 18, 2011 August 25, 2011 Total Checks AmountType of Checks Date Starting Check No. Ending Check No. 27 Fund #08/11/11 08/18/11 08/25/11 Total 111 General 37,515.42 28,234.00 36,665.48 102,414.90 231 Village Lighting 14.00 2,317.79 2,331.79 232 Azule Lighting 235.05 235.05 233 Sarahills Lighting 249.93 249.93 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape 1,068.89 1,068.89 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape - 249 Manor Drive Landscape - 251 McCartysville Landscape 1,370.00 18.13 1,388.13 252 Prides Crossing Landscape 52.01 94.13 146.14 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape 9.46 9.46 271 Beauchamps Landscape 36.68 36.68 272 Bellgrove Landscape 406.63 406.63 273 Gateway Landscape 112.11 112.11 274 Horseshoe Landscape/Lighting 8.78 8.78 275 Quito Lighting 1,088.44 1,088.44 276 Tollgate LLD 45.59 45.59 277 Village Commercial Landscape 644.13 590.00 1,234.13 411 CIP Street Projects 792.39 4,192.50 3,646.45 8,631.34 412 CIP Park & Trail Projects 2,094.00 4,910.20 7,004.20 413 CIP Facility Projects 700.00 700.00 414 CIP Admin Projects 1,875.00 1,875.00 421 Tree Fund - 431 Grant Fund - CIP Streets - 432 Grant Fund - Parks & Trails 680.00 680.00 481 Gas Tax Fund 390.00 3,477.59 3,867.59 611 Liability/Risk Mgt 1,835.40 1,835.40 612 Workers' Comp 50,373.99 50,373.99 621 Office Support Services Fund 2,910.68 1,413.00 4,323.68 622 Information Technology 1,113.75 13.37 1,473.88 2,601.00 623 Vehicle & Equipment Maint 4,393.59 555.81 23.93 4,973.33 624 Building Maintenance 3,003.81 3,520.45 11,117.76 17,642.02 631 10,000.00 10,000.00 632 376.15 376.15 102,265.92 50,934.01 72,460.42 - - 225,660.35 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 : 0 8 / 1 1 / 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 : 2 4 : 1 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 8 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 0 3 0 8 / 1 1 / 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 0 7 / 1 1 & T R U E U P 0 . 0 0 1 , 1 8 0 . 0 0 11 1 1 1 1 1 8 4 0 4 0 8 / 1 1 / 1 1 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - B A L L R O O M 0 . 0 0 4 2 . 0 0 11 1 1 1 1 1 8 4 0 4 0 8 / 1 1 / 1 1 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - B A L L R O O M 0 . 0 0 1 6 8 . 0 0 11 1 1 1 1 1 8 4 0 4 0 8 / 1 1 / 1 1 3 2 7 B E L A N G E R , C H R I S T I N E 1 1 1 6 1 0 1 I N S T R U C T O R - B A L L R O O M 0 . 0 0 1 2 6 . 0 0 TO T A L C H E C K 0 . 0 0 3 3 6 . 0 0 11 1 1 1 1 1 8 4 0 5 0 8 / 1 1 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 4 0 5 . 0 0 11 1 1 1 1 1 8 4 0 5 0 8 / 1 1 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 6 2 . 0 0 11 1 1 1 1 1 8 4 0 5 0 8 / 1 1 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 5 6 7 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 1 3 4 . 0 0 11 1 1 1 1 1 8 4 0 6 0 8 / 1 1 / 1 1 5 5 3 B R E T S C H N E I D E R , D E B B I E 1 1 1 2 2 0 1 M I L E A G E R E I M 7 / 2 6 / 1 1 0 . 0 0 4 9 . 4 1 11 1 1 1 1 1 8 4 0 7 0 8 / 1 1 / 1 1 5 0 0 C A T H Y F O S C A T O 1 1 1 6 1 0 1 T R I P C A N C E L L E D 0 . 0 0 1 1 4 . 0 0 11 1 1 1 1 1 8 4 0 8 0 8 / 1 1 / 1 1 1 3 0 C D W G O V E R N M E N T 6 3 2 3 2 0 2 S U P P L I E S - C A R T R I D G E 0 . 0 0 7 3 . 3 4 11 1 1 1 1 1 8 4 0 8 0 8 / 1 1 / 1 1 1 3 0 C D W G O V E R N M E N T 6 3 2 3 2 0 2 A P C R E P L A C E M E N T 0 . 0 0 3 0 2 . 8 1 TO T A L C H E C K 0 . 0 0 3 7 6 . 1 5 11 1 1 1 1 1 8 4 0 9 0 8 / 1 1 / 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 3 , 9 3 5 . 0 8 11 1 1 1 1 1 8 4 1 0 0 8 / 1 1 / 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 7 / 1 / 1 1 - 9 / 3 0 / 1 1 0 . 0 0 5 0 , 3 7 3 . 9 9 11 1 1 1 1 1 8 4 1 1 0 8 / 1 1 / 1 1 5 9 1 D A N C E F O R C E L L C 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 8 4 1 1 0 8 / 1 1 / 1 1 5 9 1 D A N C E F O R C E L L C 1 1 1 6 1 0 1 I N S T R C U T O R - D A N C E 0 . 0 0 2 0 5 . 2 0 TO T A L C H E C K 0 . 0 0 2 5 0 . 2 0 11 1 1 1 1 1 8 4 1 2 0 8 / 1 1 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 3 1 8 . 2 4 11 1 1 1 1 1 8 4 1 2 0 8 / 1 1 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 7 5 6 . 6 0 11 1 1 1 1 1 8 4 1 2 0 8 / 1 1 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 7 9 5 . 6 0 TO T A L C H E C K 0 . 0 0 1 , 8 7 0 . 4 4 11 1 1 1 1 1 8 4 1 3 0 8 / 1 1 / 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 7 / 1 1 0 . 0 0 2 7 5 . 0 0 11 1 1 1 1 1 8 4 1 4 0 8 / 1 1 / 1 1 4 2 1 E W I N G I R R I G A T I O N 2 5 2 5 3 0 2 S U P P L I E S / P . C R O S S I N G 0 . 0 0 5 2 . 0 1 11 1 1 1 1 1 8 4 1 4 0 8 / 1 1 / 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 P R I N K L E R S / P A R K S 0 . 0 0 4 3 6 . 1 8 11 1 1 1 1 1 8 4 1 4 0 8 / 1 1 / 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 8 . 8 4 TO T A L C H E C K 0 . 0 0 6 2 7 . 0 3 11 1 1 1 1 1 8 4 1 5 0 8 / 1 1 / 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 M E A L R E I M / H P C M T G 0 . 0 0 2 0 . 4 4 11 1 1 1 1 1 8 4 1 6 0 8 / 1 1 / 1 1 9 0 4 F R E S H P A I N T 4 1 3 9 3 2 2 - 0 0 4 T H E A T E R W I N C H S Y S T E M 0 . 0 0 7 0 0 . 0 0 11 1 1 1 1 1 8 4 1 7 0 8 / 1 1 / 1 1 7 6 1 F R E S H I F I L M S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - F I L M 0 . 0 0 9 0 6 . 5 0 11 1 1 1 1 1 8 4 1 7 0 8 / 1 1 / 1 1 7 6 1 F R E S H I F I L M S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - F I L M 0 . 0 0 6 4 7 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 5 5 4 . 0 0 11 1 1 1 1 1 8 4 1 8 0 8 / 1 1 / 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 7 / 1 1 0 . 0 0 5 4 5 . 0 0 11 1 1 1 1 1 8 4 1 8 0 8 / 1 1 / 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 7 / 1 1 0 . 0 0 3 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 9 3 5 . 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 : 0 8 / 1 1 / 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 : 2 4 : 1 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 8 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 1 9 0 8 / 1 1 / 1 1 4 5 6 G A R R O D F A R M S S T A B L E S 1 1 1 6 1 0 1 I N S T R U C T O R - H O R S E B A C K 0 . 0 0 1 , 8 9 0 . 0 0 11 1 1 1 1 1 8 4 2 0 0 8 / 1 1 / 1 1 5 0 0 H I L D A C A N A L E S 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 4 2 1 0 8 / 1 1 / 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 2 3 . 3 2 11 1 1 1 1 1 8 4 2 2 0 8 / 1 1 / 1 1 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 S O D / C S P F I E L D S 0 . 0 0 4 , 5 6 1 . 6 6 11 1 1 1 1 1 8 4 2 3 0 8 / 1 1 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 8 0 4 . 0 0 11 1 1 1 1 1 8 4 2 4 0 8 / 1 1 / 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 R P R / A Z U L E P A R K 0 . 0 0 1 9 4 . 0 9 11 1 1 1 1 1 8 4 2 5 0 8 / 1 1 / 1 1 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - I C E S K T N G 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 8 4 2 6 0 8 / 1 1 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 2 1 - 0 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 3 8 6 . 4 5 11 1 1 1 1 1 8 4 2 6 0 8 / 1 1 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - S T R E E T S 0 . 0 0 4 0 5 . 9 4 TO T A L C H E C K 0 . 0 0 7 9 2 . 3 9 11 1 1 1 1 1 8 4 2 7 0 8 / 1 1 / 1 1 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 5 8 . 5 0 11 1 1 1 1 1 8 4 2 8 0 8 / 1 1 / 1 1 9 3 1 K A T H L E E N M . C A L L A N 1 1 1 6 1 0 1 I N S T R U C T O R - I N T E G R A T E D 0 . 0 0 6 . 5 0 11 1 1 1 1 1 8 4 2 8 0 8 / 1 1 / 1 1 9 3 1 K A T H L E E N M . C A L L A N 1 1 1 6 1 0 1 I N S T R U C T O R - I N T E G R A T E D 0 . 0 0 2 6 4 . 0 0 TO T A L C H E C K 0 . 0 0 2 7 0 . 5 0 11 1 1 1 1 1 8 4 2 9 0 8 / 1 1 / 1 1 1 0 0 K S A R 1 1 1 8 3 0 1 B R O A D C A S T 0 7 / 1 1 0 . 0 0 1 , 9 5 0 . 0 0 11 1 1 1 1 1 8 4 3 0 0 8 / 1 1 / 1 1 5 0 0 L A U R A V A L T I E R R 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 4 3 1 0 8 / 1 1 / 1 1 1 9 2 L I , C H R I S T I N E K A I S E R 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 8 4 3 2 0 8 / 1 1 / 1 1 5 0 0 L I S A K R E T Z 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 2 9 . 0 0 11 1 1 1 1 1 8 4 3 3 0 8 / 1 1 / 1 1 5 0 0 M A L I N I S R I N I V A S A N 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 8 . 0 0 11 1 1 1 1 1 8 4 3 4 0 8 / 1 1 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 3 8 5 . 8 8 11 1 1 1 1 1 8 4 3 4 0 8 / 1 1 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 9 2 1 . 3 8 TO T A L C H E C K 0 . 0 0 1 , 3 0 7 . 2 6 11 1 1 1 1 1 8 4 3 5 0 8 / 1 1 / 1 1 8 9 2 N I M B U S C O N S U L T I N G G R O U P 1 1 1 3 1 0 1 C O N S U L T I N G S R V - S B 9 0 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 8 4 3 6 0 8 / 1 1 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 6 1 0 1 E M P L O Y E E B U S . C A R D S 0 . 0 0 7 3 . 9 3 11 1 1 1 1 1 8 4 3 6 0 8 / 1 1 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 4 1 0 1 E M P L O U E E B U S . C A R D S 0 . 0 0 4 9 . 7 5 TO T A L C H E C K 0 . 0 0 1 2 3 . 6 8 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 R V 0 7 / 0 1 / 2 0 1 1 0 . 0 0 1 1 4 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 7 / 0 2 / 2 0 1 1 0 . 0 0 1 1 4 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 7 / 0 3 - 0 7 / 0 9 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 7 / 1 0 - 0 7 / 1 6 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 7 / 1 7 - 0 7 / 2 3 0 . 0 0 1 9 0 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 7 / 2 4 - 0 7 / 3 1 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 8 4 3 7 0 8 / 1 1 / 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 0 8 / 0 1 - 0 8 / 0 6 0 . 0 0 2 8 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 6 5 3 . 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 : 0 8 / 1 1 / 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 : 2 4 : 1 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 8 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 3 8 0 8 / 1 1 / 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 7 / 1 1 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 8 4 3 9 0 8 / 1 1 / 1 1 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 8 4 3 9 0 8 / 1 1 / 1 1 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 8 4 4 0 0 8 / 1 1 / 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 J U L Y - A U G 0 . 0 0 1 , 1 2 3 . 2 2 11 1 1 1 1 1 8 4 4 1 0 8 / 1 1 / 1 1 9 2 7 R A D U C . M I L E V S C H I 1 1 1 6 1 0 1 I N S T R U C T O R - B A D M I N T O N 0 . 0 0 8 7 1 . 6 5 11 1 1 1 1 1 8 4 4 2 0 8 / 1 1 / 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 5 . 4 5 11 1 1 1 1 1 8 4 4 2 0 8 / 1 1 / 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 1 1 . 9 5 TO T A L C H E C K 0 . 0 0 7 1 7 . 4 0 11 1 1 1 1 1 8 4 4 3 0 8 / 1 1 / 1 1 9 8 6 S B G P R O F E S S I O N A L C O A C H I M 1 1 1 8 1 0 1 C O A C H I N G S E S S I O N 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 8 4 4 4 0 8 / 1 1 / 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 H E R B I C I D E - P A R K S 0 . 0 0 2 , 2 8 8 . 6 6 11 1 1 1 1 1 8 4 4 4 0 8 / 1 1 / 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 9 4 . 8 5 11 1 1 1 1 1 8 4 4 4 0 8 / 1 1 / 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 H E R B I C I D E - P A R K S 0 . 0 0 2 5 9 . 8 0 TO T A L C H E C K 0 . 0 0 2 , 6 4 3 . 3 1 11 1 1 1 1 1 8 4 4 5 0 8 / 1 1 / 1 1 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S R V 0 7 / 0 1 - 0 7 / 1 3 0 . 0 0 3 1 . 9 3 11 1 1 1 1 1 8 4 4 5 0 8 / 1 1 / 1 1 3 3 L I G H T S Q U A R E D L P 1 1 1 7 1 0 2 M T H L Y S R V 0 7 / 1 4 - 0 8 / 1 3 0 . 0 0 7 3 . 7 5 TO T A L C H E C K 0 . 0 0 1 0 5 . 6 8 11 1 1 1 1 1 8 4 4 6 0 8 / 1 1 / 1 1 2 3 6 S O L E C T R I C E L E C T R I C A L 1 1 1 5 3 0 1 R P R / C O M M U N I T Y C N T R 0 . 0 0 2 3 4 . 2 8 11 1 1 1 1 1 8 4 4 7 0 8 / 1 1 / 1 1 8 2 6 T H E G R A N D V I E W 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 8 2 4 . 6 9 11 1 1 1 1 1 8 4 4 8 0 8 / 1 1 / 1 1 5 0 0 S T E V E K E L L O N D 1 1 1 R E U N D - 0 6 - 1 3 4 0 . 0 0 1 , 1 7 7 . 6 5 11 1 1 1 1 1 8 4 4 9 0 8 / 1 1 / 1 1 5 0 0 S U E T O Y O S H I M A 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 8 4 5 0 0 8 / 1 1 / 1 1 3 5 4 T O N Y L E M 2 7 7 5 3 0 2 F L A G S / P O L E S - V I L L A G E 0 . 0 0 6 4 4 . 1 3 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 0 . 0 0 1 7 . 9 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 U P P L I E S 0 . 0 0 2 2 . 7 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 N N - L E G A L L I N E R 0 . 0 0 1 0 1 . 3 7 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 T Y C N C L M T G S 0 . 0 0 1 9 . 1 6 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 C I N E M A N I G H T 0 . 0 0 7 4 5 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 1 2 5 . 2 6 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - P E S T C O U R S E 0 . 0 0 2 4 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 4 5 2 0 8 / 1 1 / 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 A V E - R O T A R Y D U E S 0 . 0 0 3 5 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 2 . 6 2 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - S U P P L I E S / T A G S 0 . 0 0 4 5 . 5 5 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 9 6 . 9 5 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - S U P P L I E S / T R I P S 0 . 0 0 5 6 . 0 2 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 P H O T O S H O P C L A S S E X P S 0 . 0 0 2 5 . 1 6 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 O A N - U P S / S H I P P I N G 0 . 0 0 1 6 . 3 1 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 T O R A G E 0 . 0 0 8 2 . 0 0 31 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 8 / 1 1 / 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 : 2 4 : 1 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 8 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 5 2 0 8 / 1 1 / 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 - V E H C A R W A S H 0 . 0 0 2 1 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - S U P P L I E S 0 . 0 0 3 2 . 2 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C O N S U L T I N G M T G 0 . 0 0 1 5 . 7 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 A D / C D D R E C R U I T M E N T 0 . 0 0 9 9 . 9 5 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 1 6 . 9 4 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 L O R I - P L A N N I N G C O M M T G 0 . 0 0 9 6 . 9 4 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 4 5 2 0 8 / 1 1 / 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 1 8 . 4 2 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C T Y C N C L C O N F 0 . 0 0 5 2 5 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C R E D I T C O N F 0 . 0 0 - 5 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C N C L C O N F 0 . 0 0 1 , 0 5 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C R E D I T C O N F 0 . 0 0 - 5 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C R E D I T C O N F 0 . 0 0 - 5 0 . 0 0 11 1 1 1 1 1 8 4 5 2 0 8 / 1 1 / 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 - C N C L M T G S 0 . 0 0 1 8 8 . 9 2 TO T A L C H E C K 0 . 0 0 4 , 1 8 9 . 0 6 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 9 3 . 0 0 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 1 3 9 . 5 0 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 1 8 6 . 0 0 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 2 7 9 . 0 0 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 1 3 9 . 5 0 11 1 1 1 1 1 8 4 5 3 0 8 / 1 1 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 2 7 9 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 1 1 6 . 0 0 11 1 1 1 1 1 8 4 5 4 0 8 / 1 1 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 R Y U 2 7 2 9 7 1 C O P I E R 7 / 1 1 0 . 0 0 1 6 . 3 5 11 1 1 1 1 1 8 4 5 4 0 8 / 1 1 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 P R I N T S - 0 4 / 1 1 - 0 6 / 3 0 / 1 1 0 . 0 0 1 9 . 2 0 TO T A L C H E C K 0 . 0 0 3 5 . 5 5 11 1 1 1 1 1 8 4 5 5 0 8 / 1 1 / 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 1 , 0 3 1 . 2 5 11 1 1 1 1 1 8 4 5 5 0 8 / 1 1 / 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 8 2 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 1 1 3 . 7 5 11 1 1 1 1 1 8 4 5 6 0 8 / 1 1 / 1 1 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 2 0 1 F I R S T A I D S U P P L I E S 0 . 0 0 1 0 8 . 0 8 11 1 1 1 1 1 8 4 5 6 0 8 / 1 1 / 1 1 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 3 0 1 F I R S T A I D S U P P L I E S 0 . 0 0 1 8 4 . 2 0 TO T A L C H E C K 0 . 0 0 2 9 2 . 2 8 11 1 1 1 1 1 8 4 5 7 0 8 / 1 1 / 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 3 / 2 2 - 0 4 / 2 1 0 . 0 0 1 , 1 2 3 . 6 9 11 1 1 1 1 1 8 4 5 7 0 8 / 1 1 / 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 4 / 2 2 - 0 5 / 2 1 0 . 0 0 1 , 7 5 1 . 4 4 TO T A L C H E C K 0 . 0 0 2 , 8 7 5 . 1 3 11 1 1 1 1 1 8 4 5 8 0 8 / 1 1 / 1 1 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 8 3 0 1 Q T R L Y P Y M T - Q 2 2 0 1 1 0 . 0 0 3 , 0 0 6 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 0 2 , 2 6 5 . 9 2 TO T A L F U N D 0 . 0 0 1 0 2 , 2 6 5 . 9 2 TO T A L R E P O R T 0 . 0 0 1 0 2 , 2 6 5 . 9 2 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 : 1 DA T E : 0 8 / 1 8 / 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 4 : 3 1 : 5 2 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 0 8 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 5 9 0 8 / 1 8 / 1 1 5 0 0 A A R O N F E I G I N 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 2 1 4 . 0 0 11 1 1 1 1 1 8 4 6 0 0 8 / 1 8 / 1 1 9 9 1 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 0 7 / 1 9 - 0 8 / 1 8 0 . 0 0 1 3 . 3 7 11 1 1 1 1 1 8 4 6 1 0 8 / 1 8 / 1 1 9 1 1 A L L I E D E N G I N E E R I N G C O M P A 4 1 1 9 1 2 1 - 0 0 1 3 R D S T R E E T A N D O A K S T R 0 . 0 0 4 , 1 9 2 . 5 0 11 1 1 1 1 1 8 4 6 2 0 8 / 1 8 / 1 1 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 K E Y S - F A C I L I T I E S 0 . 0 0 4 5 . 9 1 11 1 1 1 1 1 8 4 6 3 0 8 / 1 8 / 1 1 9 3 5 C H R I S P C O M P A N Y 4 8 1 R E T E N T I O N P Y M T P O # 1 2 4 0 . 0 0 2 , 4 9 6 . 5 0 11 1 1 1 1 1 8 4 6 4 0 8 / 1 8 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 M A I N T / F R I E N D S H I P H A L L 0 . 0 0 1 , 6 2 5 . 0 0 11 1 1 1 1 1 8 4 6 4 0 8 / 1 8 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R P R / C T Y H A L L 0 . 0 0 7 9 4 . 0 5 11 1 1 1 1 1 8 4 6 4 0 8 / 1 8 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R P R / C O M . C E N T E R 0 . 0 0 2 7 5 . 0 0 11 1 1 1 1 1 8 4 6 4 0 8 / 1 8 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R P R / C O M . C E N T E R 0 . 0 0 5 4 3 . 3 6 TO T A L C H E C K 0 . 0 0 3 , 2 3 7 . 4 1 11 1 1 1 1 1 8 4 6 5 0 8 / 1 8 / 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 3 , 8 2 6 . 1 2 11 1 1 1 1 1 8 4 6 5 0 8 / 1 8 / 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 C R E D I T / I N V # 3 7 9 8 5 1 0 . 0 0 - 3 , 5 1 8 . 1 9 TO T A L C H E C K 0 . 0 0 3 0 7 . 9 3 11 1 1 1 1 1 8 4 6 6 0 8 / 1 8 / 1 1 9 3 4 D A V I D T R E E C O N S U L T A N T I N 1 1 1 5 2 0 1 T R E E R E M V L - S A R A / S U N N Y 0 . 0 0 1 , 3 5 0 . 0 0 11 1 1 1 1 1 8 4 6 6 0 8 / 1 8 / 1 1 9 3 4 D A V I D T R E E C O N S U L T A N T I N 1 1 1 5 2 0 1 T R E E R E M V L - S A R A / S U N N Y 0 . 0 0 8 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 1 5 0 . 0 0 11 1 1 1 1 1 8 4 6 7 0 8 / 1 8 / 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 7 / 2 1 - 0 8 / 2 0 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 8 4 6 8 0 8 / 1 8 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 , 8 1 5 . 8 4 11 1 1 1 1 1 8 4 6 8 0 8 / 1 8 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 , 7 5 0 . 3 2 11 1 1 1 1 1 8 4 6 8 0 8 / 1 8 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 6 3 6 . 4 8 TO T A L C H E C K 0 . 0 0 4 , 2 0 2 . 6 4 11 1 1 1 1 1 8 4 6 9 0 8 / 1 8 / 1 1 6 8 2 F E H R E N G I N E E R I N G C O M P A N Y 4 1 4 9 4 3 2 - 0 0 1 D E S I G N / G E N E R A T O R 0 . 0 0 1 , 8 7 5 . 0 0 11 1 1 1 1 1 8 4 7 0 0 8 / 1 8 / 1 1 9 8 7 F J M T R U C K A N D T R A I L E R C E 6 2 3 5 2 0 2 R U B B E R M E D F L A P S 0 . 0 0 6 3 . 0 0 11 1 1 1 1 1 8 4 7 1 0 8 / 1 8 / 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 / H P C M T G S U P P L I E S 0 . 0 0 2 6 . 3 9 11 1 1 1 1 1 8 4 7 2 0 8 / 1 8 / 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 2 2 1 . 2 3 11 1 1 1 1 1 8 4 7 3 0 8 / 1 8 / 1 1 4 8 0 H D L C O R E N & C O N E 1 1 1 3 1 0 1 2 0 1 0 - 1 1 C A F R S E R V I C E S 0 . 0 0 5 9 5 . 0 0 11 1 1 1 1 1 8 4 7 4 0 8 / 1 8 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 8 0 4 . 0 0 11 1 1 1 1 1 8 4 7 5 0 8 / 1 8 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 2 7 7 5 3 0 2 T R E E R E M V L / B I G B A S I N 0 . 0 0 5 9 0 . 0 0 11 1 1 1 1 1 8 4 7 5 0 8 / 1 8 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 2 5 1 5 3 0 2 M A I N T / B L U E M E A D O W C T 0 . 0 0 1 , 3 7 0 . 0 0 11 1 1 1 1 1 8 4 7 5 0 8 / 1 8 / 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 3 0 1 M A I N T / K . M O R A N P A R K 0 . 0 0 6 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 6 5 0 . 0 0 11 1 1 1 1 1 8 4 7 6 0 8 / 1 8 / 1 1 5 0 0 J E F F R E Y A N D T R A C Y F E L L 1 1 1 R E F U N D - A R B 1 1 - 0 0 0 6 0 . 0 0 1 , 9 6 0 . 0 0 11 1 1 1 1 1 8 4 7 7 0 8 / 1 8 / 1 1 9 3 1 K A T H L E E N M . C A L L A N 1 1 1 6 1 0 1 I N S T R U C T O R - I N T E G R A T E D 0 . 0 0 8 3 . 0 0 33 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 8 / 1 8 / 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 4 : 3 1 : 5 2 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 0 8 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 7 8 0 8 / 1 8 / 1 1 1 5 1 K O E H L E R , P E T E R 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 9 3 0 . 8 0 11 1 1 1 1 1 8 4 7 8 0 8 / 1 8 / 1 1 1 5 1 K O E H L E R , P E T E R 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 9 3 0 . 8 0 TO T A L C H E C K 0 . 0 0 1 , 8 6 1 . 6 0 11 1 1 1 1 1 8 4 7 9 0 8 / 1 8 / 1 1 5 0 8 M A D S C I E N C E 1 1 1 6 1 0 1 I N S T R U C T O R - S C I E N C E 0 . 0 0 2 , 5 8 0 . 0 0 11 1 1 1 1 1 8 4 8 0 0 8 / 1 8 / 1 1 9 8 9 M A R Y C A T H E R I N E B I G G E R - S M 6 1 1 8 4 9 9 C O N S U L T I N G S R V C 6 / 1 1 0 . 0 0 1 , 8 3 5 . 4 0 11 1 1 1 1 1 8 4 8 1 0 8 / 1 8 / 1 1 5 0 0 M I K E A N D I N N A L U B Y A N I S K Y 1 1 1 R E F U N D - A R B 0 9 - 0 0 1 5 0 . 0 0 1 , 7 2 0 . 0 0 11 1 1 1 1 1 8 4 8 2 0 8 / 1 8 / 1 1 6 5 3 N C T L C 1 1 1 5 3 0 1 S E M I N A R - D . A S H B Y 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 8 4 8 3 0 8 / 1 8 / 1 1 1 5 6 O K I N , Y E L E N A 1 1 1 6 1 0 1 I N S T R U C T O R - B E A D I N G 0 . 0 0 1 0 9 . 0 0 11 1 1 1 1 1 8 4 8 4 0 8 / 1 8 / 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 1 0 2 . 4 9 11 1 1 1 1 1 8 4 8 4 0 8 / 1 8 / 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 1 3 2 . 4 7 TO T A L C H E C K 0 . 0 0 2 3 4 . 9 6 11 1 1 1 1 1 8 4 8 5 0 8 / 1 8 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S 0 . 0 0 1 5 . 9 0 11 1 1 1 1 1 8 4 8 5 0 8 / 1 8 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 1 4 . 0 0 TO T A L C H E C K 0 . 0 0 2 9 . 9 0 11 1 1 1 1 1 8 4 8 6 0 8 / 1 8 / 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 1 0 / 5 / 1 1 S E M I N A R - K . M E E K 0 . 0 0 8 0 . 0 0 11 1 1 1 1 1 8 4 8 7 0 8 / 1 8 / 1 1 9 7 4 P A T R I C I A L . D A W I D O W I C Z - K 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 7 . 5 0 11 1 1 1 1 1 8 4 8 8 0 8 / 1 8 / 1 1 5 0 0 S A M U E L A N D S U S A N K I M 1 1 1 R E F U N D A R B 0 9 - 0 0 2 5 0 . 0 0 1 , 3 4 0 . 0 0 11 1 1 1 1 1 8 4 8 9 0 8 / 1 8 / 1 1 1 S A N T A C L A R A C O U N T Y C L E R K 4 1 2 9 2 8 1 - 0 0 1 F I L I N G F E E S / C . S P R I N G S 0 . 0 0 2 , 0 9 4 . 0 0 11 1 1 1 1 1 8 4 9 0 0 8 / 1 8 / 1 1 5 0 5 S C F I R E D E P A R T M E N T 1 1 1 6 1 0 1 I N S T R U C T O R - C P R 0 . 0 0 6 4 . 5 0 11 1 1 1 1 1 8 4 9 1 0 8 / 1 8 / 1 1 1 4 7 S H I M O D A M I C H I K O 1 1 1 6 1 0 1 I N S T R U C T O R - I K E B A N A 0 . 0 0 1 4 8 . 0 0 11 1 1 1 1 1 8 4 9 2 0 8 / 1 8 / 1 1 2 2 2 S K Y H A W K S S P O R T S A C A D E M Y 1 1 1 6 1 0 1 I N S T R U C T O R - V O L L E Y B A L L 0 . 0 0 3 0 8 . 0 0 11 1 1 1 1 1 8 4 9 3 0 8 / 1 8 / 1 1 2 3 6 S O L E C T R I C E L E C T R I C A L 2 4 6 5 3 0 2 L E D L G H T S / C O X / S E A G U L L 0 . 0 0 1 , 0 6 8 . 8 9 11 1 1 1 1 1 8 4 9 3 0 8 / 1 8 / 1 1 2 3 6 S O L E C T R I C E L E C T R I C A L 1 1 1 5 3 0 1 W I R I N G / W A R N E R H O U S E 0 . 0 0 4 2 3 . 1 3 TO T A L C H E C K 0 . 0 0 1 , 4 9 2 . 0 2 11 1 1 1 1 1 8 4 9 4 0 8 / 1 8 / 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 E S T I N G / I N S P E C T I O N 0 . 0 0 6 8 0 . 0 0 11 1 1 1 1 1 8 4 9 5 0 8 / 1 8 / 1 1 3 1 3 T H E M E R C U R Y N E W S 1 1 1 4 1 0 1 L E G A L L I N E R # 4 0 1 6 0 8 7 0 . 0 0 1 , 2 6 2 . 4 0 11 1 1 1 1 1 8 4 9 5 0 8 / 1 8 / 1 1 3 1 3 T H E M E R C U R Y N E W S 1 1 1 4 1 0 2 L E G A L L I N E R # 4 0 1 6 1 0 6 0 . 0 0 2 , 2 1 7 . 2 0 TO T A L C H E C K 0 . 0 0 3 , 4 7 9 . 6 0 11 1 1 1 1 1 8 4 9 6 0 8 / 1 8 / 1 1 5 0 0 T H O M A S B L A C K 1 1 1 4 1 0 1 R E F U N D / T R P 1 1 - 0 1 8 8 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 8 4 9 7 0 8 / 1 8 / 1 1 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 3 3 0 1 1 2 5 A D M I N F E E 0 8 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 8 4 9 8 0 8 / 1 8 / 1 1 5 9 5 U N I T E D R E N T A L S N O R T H W E S T 4 8 1 9 1 1 1 - 0 0 1 S K I D S T E E R L O A D E R 0 . 0 0 9 8 1 . 0 9 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 : 3 DA T E : 0 8 / 1 8 / 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 4 : 3 1 : 5 2 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 0 8 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 4 9 9 0 8 / 1 8 / 1 1 9 9 3 V I V I A N L I U 1 1 1 6 1 0 1 I N S T R U C T O R - T A I C H I 0 . 0 0 8 1 9 . 0 0 11 1 1 1 1 1 8 5 0 0 0 8 / 1 8 / 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 7 / 1 1 0 . 0 0 2 9 1 . 5 8 11 1 1 1 1 1 8 5 0 1 0 8 / 1 8 / 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 0 8 / 1 8 / 1 1 0 . 0 0 9 2 6 . 0 0 11 1 1 1 1 1 8 5 0 2 0 8 / 1 8 / 1 1 4 4 0 W E S T E R N T R U C K F A B R I C A T I O 6 2 3 5 2 0 2 L I G H T S / V E H # 1 1 1 0 . 0 0 1 8 4 . 8 8 11 1 1 1 1 1 8 5 0 3 0 8 / 1 8 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 9 3 . 0 0 11 1 1 1 1 1 8 5 0 3 0 8 / 1 8 / 1 1 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - T E N N I S 0 . 0 0 2 7 9 . 0 0 TO T A L C H E C K 0 . 0 0 3 7 2 . 0 0 11 1 1 1 1 1 8 5 0 4 0 8 / 1 8 / 1 1 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 P R O F S V C G P A 0 9 - 0 0 0 2 0 . 0 0 2 , 2 8 4 . 1 0 TO T A L C A S H A C C O U N T 0 . 0 0 5 0 , 9 3 4 . 0 1 TO T A L F U N D 0 . 0 0 5 0 , 9 3 4 . 0 1 TO T A L R E P O R T 0 . 0 0 5 0 , 9 3 4 . 0 1 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 : 1 DA T E : 0 8 / 2 5 / 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 4 : 4 1 : 3 6 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 0 8 2 5 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 5 0 5 0 8 / 2 5 / 1 1 5 0 0 A L O K A G G A R W A L 1 1 1 R E F U N D 0 7 - 0 1 7 0 . 0 0 3 , 2 1 6 . 8 4 11 1 1 1 1 1 8 5 0 6 0 8 / 2 5 / 1 1 5 0 0 A L O K A G G A R W A L , D A N C H A E D L 1 1 1 R E F U N D 0 6 - 3 0 7 0 . 0 0 5 5 8 . 7 9 11 1 1 1 1 1 8 5 0 7 0 8 / 2 5 / 1 1 3 0 3 B A Y A R E A F L O O R M A C H I N E C 6 2 4 6 2 0 2 S T E A M C L E A N E R 0 . 0 0 1 , 3 2 6 . 7 3 11 1 1 1 1 1 8 5 0 8 0 8 / 2 5 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 4 0 5 . 0 0 11 1 1 1 1 1 8 5 0 8 0 8 / 2 5 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 6 2 . 0 0 11 1 1 1 1 1 8 5 0 8 0 8 / 2 5 / 1 1 3 6 9 B O R T Z , S H E R I L 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 5 6 7 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 1 3 4 . 0 0 11 1 1 1 1 1 8 5 0 9 0 8 / 2 5 / 1 1 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 0 7 / 1 6 - 0 8 / 1 5 0 . 0 0 1 , 4 7 3 . 8 8 11 1 1 1 1 1 8 5 1 0 0 8 / 2 5 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 , 0 5 9 . 2 4 11 1 1 1 1 1 8 5 1 0 0 8 / 2 5 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 7 9 5 . 6 0 11 1 1 1 1 1 8 5 1 0 0 8 / 2 5 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 5 9 . 1 2 TO T A L C H E C K 0 . 0 0 2 , 0 1 3 . 9 6 11 1 1 1 1 1 8 5 1 1 0 8 / 2 5 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 1 3 . 4 0 11 1 1 1 1 1 8 5 1 1 0 8 / 2 5 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 9 8 . 2 0 11 1 1 1 1 1 8 5 1 1 0 8 / 2 5 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 6 4 . 6 0 11 1 1 1 1 1 8 5 1 1 0 8 / 2 5 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 8 5 . 4 0 11 1 1 1 1 1 8 5 1 1 0 8 / 2 5 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 4 2 . 7 0 TO T A L C H E C K 0 . 0 0 8 0 4 . 3 0 11 1 1 1 1 1 8 5 1 2 0 8 / 2 5 / 1 1 4 5 6 G A R R O D F A R M S S T A B L E S 1 1 1 6 1 0 1 I N S T R U C T O R - H O R S E B A C K 0 . 0 0 3 , 1 5 0 . 0 0 11 1 1 1 1 1 8 5 1 3 0 8 / 2 5 / 1 1 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 3 2 7 . 0 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 4 9 . 5 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 0 7 . 0 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 6 9 . 0 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 2 9 . 0 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 7 2 . 5 0 11 1 1 1 1 1 8 5 1 4 0 8 / 2 5 / 1 1 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 3 4 . 5 0 TO T A L C H E C K 0 . 0 0 7 1 5 . 5 0 11 1 1 1 1 1 8 5 1 5 0 8 / 2 5 / 1 1 1 6 7 K U S T O M S I G N A L S , I N C 4 1 1 9 1 2 1 - 0 0 2 R A D A R T R A I L E R 0 . 0 0 1 , 6 4 6 . 4 5 11 1 1 1 1 1 8 5 1 5 0 8 / 2 5 / 1 1 1 6 7 K U S T O M S I G N A L S , I N C 6 3 1 5 2 0 3 R A D A R T R A I L E R 0 . 0 0 1 0 , 0 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 1 , 6 4 6 . 4 5 11 1 1 1 1 1 8 5 1 6 0 8 / 2 5 / 1 1 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 1 3 3 . 5 0 11 1 1 1 1 1 8 5 1 6 0 8 / 2 5 / 1 1 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 8 9 . 0 0 11 1 1 1 1 1 8 5 1 6 0 8 / 2 5 / 1 1 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 8 7 . 0 0 TO T A L C H E C K 0 . 0 0 3 0 9 . 5 0 11 1 1 1 1 1 8 5 1 7 0 8 / 2 5 / 1 1 6 4 7 M A G G I O R A B R O T H E R S D R I L L I 4 1 2 R E T E N T I O N P Y M T - P O # 0 2 3 0 . 0 0 4 , 9 1 0 . 2 0 11 1 1 1 1 1 8 5 1 8 0 8 / 2 5 / 1 1 8 9 M Y F I R S T A R T C L A S S 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 1 1 8 . 8 0 11 1 1 1 1 1 8 5 1 8 0 8 / 2 5 / 1 1 8 9 M Y F I R S T A R T C L A S S 1 1 1 6 1 0 1 I N S T R U C T O R - A R T 0 . 0 0 1 4 8 . 5 0 TO T A L C H E C K 0 . 0 0 2 6 7 . 3 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 : 2 DA T E : 0 8 / 2 5 / 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 4 : 4 1 : 3 6 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 0 8 2 5 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S 0 . 0 0 5 3 . 5 3 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 1 1 2 . 1 1 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 7 . 6 9 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S 0 . 0 0 7 0 . 9 5 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L S 0 . 0 0 1 , 1 0 5 . 7 0 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T L I G H T S 0 . 0 0 6 9 3 . 3 5 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 8 3 0 . 1 4 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 3 1 7 . 7 9 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H I T N G 0 . 0 0 2 3 5 . 0 5 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S L I G H T I N G 0 . 0 0 2 4 9 . 9 3 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 8 . 1 3 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 9 4 . 1 3 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 9 . 4 6 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 3 6 . 6 8 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E C I R C L E 0 . 0 0 4 0 6 . 6 3 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 4 5 3 0 2 H O R S E S H O E D R L N D S C A P E 0 . 0 0 8 . 7 8 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 1 , 0 8 8 . 4 4 11 1 1 1 1 1 8 5 1 9 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 9 , 2 1 7 . 2 7 TO T A L C H E C K 0 . 0 0 1 6 , 5 5 5 . 7 6 11 1 1 1 1 1 8 5 2 0 0 8 / 2 5 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 4 1 1 9 1 2 2 - 0 0 1 E P H W Y 9 / S E R E N A V I S T A 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 8 5 2 1 0 8 / 2 5 / 1 1 8 7 3 P M E E Q U I P M E N T S A L E S 6 2 3 5 2 0 2 P A R T S - F I L T E R 0 . 0 0 2 3 . 9 3 11 1 1 1 1 1 8 5 2 2 0 8 / 2 5 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 4 4 9 . 2 8 11 1 1 1 1 1 8 5 2 2 0 8 / 2 5 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 1 5 , 8 6 7 . 1 4 11 1 1 1 1 1 8 5 2 2 0 8 / 2 5 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 4 5 . 5 9 11 1 1 1 1 1 8 5 2 2 0 8 / 2 5 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 M E D I A N S / P A R K W A Y S 0 . 0 0 1 , 4 0 6 . 2 7 TO T A L C H E C K 0 . 0 0 1 7 , 7 6 8 . 2 8 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 1 4 . 2 0 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 8 . 4 8 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 4 2 . 8 0 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 3 . 6 8 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 5 2 3 0 8 / 2 5 / 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 8 3 . 5 2 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 . 5 6 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 5 . 6 0 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 . 7 6 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 5 2 3 0 8 / 2 5 / 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 5 2 3 0 8 / 2 5 / 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 0 4 . 6 4 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 6 8 0 . 0 0 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 . 0 0 11 1 1 1 1 1 8 5 2 3 0 8 / 2 5 / 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 2 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 3 1 5 . 0 0 11 1 1 1 1 1 8 5 2 4 0 8 / 2 5 / 1 1 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N 0 9 / 0 8 / 1 1 0 . 0 0 9 4 3 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 7 2 , 4 6 0 . 4 2 37 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 8 / 2 5 / 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 4 : 4 1 : 3 6 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 0 8 2 5 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 2 / 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 TO T A L F U N D 0 . 0 0 7 2 , 4 6 0 . 4 2 TO T A L R E P O R T 0 . 0 0 7 2 , 4 6 0 . 4 2 38 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 Jun with LAIF flow purp allowed to exceeds th 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 e 30, 2011, th F. Council P poses, to avo o fall below $ he minimum SA September 7, 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 he City had $ Policy on ope id occurrence $2,000,000. limit required Unrestrict Comerica Deposit wi Total Unr ARATOGA , 2011 Administrative countant for the Mont Report for the n 41004 requ and accounti atoga, Article east once eac unting of all body. e various fina for the City’s rterly LAIF ra Fund 119,476 in ca erating reserv e of dry peri The total poo d. ted Cash Bank ith LAIF restricted Ca Cas A CITY C e Services th Ended Jun e month ende ires that the C ing of all rece e 2-20, Sectio ch month, the receipts, disb ancial transac General (Op ates from the ash deposit at ve funds, adop od financing oled cash bala ash sh Summary OUNCIL AGENDA CITY M DEPT H ne 30, 2011 d June 30, 20 City Treasure eipts, disburse on 2-20.035 d e City Treasu bursements, a ction data for perating) Fund 1st Quarter of Comerica ba pted on Apri , pooled cash ance as of Jun 11$ 15,60$ 15,725$ A ITEM: MANAGER: HEAD: Mary F 011. 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 ank, and $15,6 l 20, 1994, st h from all fu ne 30, 2011 i 9,476 06,205 5,681 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. 606,205 on de tates that: for unds should n is $15,725,68 rson rk and . The ger as ty all Funds t from eposit r cash not be 81 and 39 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash15,725,681$ Plus: Assets697,922 Less: Liabilities (2,084,181) Ending Fund Balance14,339,422$ Adjusting Cash to Ending Fund Balance 40 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfers Fund Balance 6/30/11 General Undesignated Unreserved Balance1,284,366 491,851 1,360,362 1,726,544 49,550 1,788,185 Reserved Fund Balance: Petty Cash Reserve1,300 - 150 - - 1,450 Designated Fund Balances: Designated for Operations 2,889,077 - - - - 2,889,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 (210,000) - - - 422,380 Designated for Environmental 563,182 (50,000) - - - 513,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve300,000 - - - (50,000) 250,000 Designated for Capital Project Reserve126,983 - (51,983) 75,000 Designated for CIP Matching Grant600,000 - - - (600,000) - Designated for Carryforward68,600 (68,600) - - - - Subtotal 8,010,679 163,251 1,360,512 1,726,544 (652,433) 7,484,065 Special Revenue Landscape/Lighting Districts440,391 (30,451) 144,598 50,411 - 504,127 CDBG Federal Grants(9,621) 249,540 51,153 0 (291,071) - SHARP Loan210,034 533 181 210,748 - - Capital Project Street Projects2,169,661 (681,479) 72,308 197,442 542,989 1,906,037 Park and Trail Projects653,552 253,182 - 25,602 78,791 959,923 Facility Improvement Projects525,256 (232,293) 10,703 112,977 751,360 942,049 Administrative Projects224,773 (72,122) - 5,322 - 147,329 Tree Fund16,985 (4,670) 700 1,244 25,000 36,771 CIP Grant Street Repair Projects(118,073) 9,535 - 165,467 27,725 (246,279) CIP Grant Park & Trail Projects(45,683) (130,470) 79,411 56,146 - (152,888) CIP Grant Administration - (3,903) 5,072 359 - 810 Gas Tax Fund279,470 317,004 141,434 99,263 (106,000) 532,645 Debt Service Library Bond 892,593 (498,655) 456,719 - - 850,657 Internal Service Fund Liability/Risk Management244,562 (119,743) - (35,086) (25,000) 134,905 Workers Compensation198,592 28,296 - 2,784 - 224,104 Office Stores Fund26,830 (4,156) 681 7,525 - 15,831 Information Technology Services 213,940 58,236 - 41,113 - 231,063 Equipment Maintenance54,258 16,509 - 27,950 - 42,817 Building Maintenance202,570 101,958 - 96,010 - 208,518 Equipment Replacement236,229 96,723 - 1,579 - 331,373 Technology Replacement186,686 15,398 - 16,516 - 185,567 Trust/Agency Library Fund351,360 - - - (351,360) - KSAR - Community Access TV109,842 (109,842) - - - - Total City15,074,885 (577,621) 2,323,473 2,809,913 - 14,339,422 41 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/10 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfers Fund Balance 6/30/11 Street Projects Traffic Safety168,497 (149,548) - 27,847 138,691 129,793 Highway 9 Safety Project50,008 (18,166) 13,881 9,689 - 36,033 Annual Street Resurfacing Project529,434 (78,036) 58,428 28,952 (92,725) 388,149 Sidewalks Annual Project87,092 (25,000) - 10,769 1,581 52,905 2010 VTA - FED STP Grant- - - - 65,000 65,000 Saratoga Sunnyvale Road Resurfacing99,011 - - - - 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - - 90,000 Fourth Street Bridge100,000 - - - - 100,000 Quito Road Bridge Replacement Design9,730 (2,300) - 849 - 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 Sobey Road Culvert Repair50,000 (31,994) - - (18,006) - Annual Storm Drain Upgrade53,883 (16,079) - 83 786 38,507 Village Trees & Lights at Sidestreets25,336 (25,336) - - - - Prospect Road Median51,663 (972) - 154 (50,000) 537 City Entrance Sign/Monument23,788 - - - (23,788) - Padero Erosion Mitigation- - - 37,037 50,000 12,963 Monte Vista Storm Drain- (91,138) - - 92,220 1,082 Canyon View/Elva Drain- - - - 35,000 35,000 Village-Streetscape Impv 549,952 (163,614) - 56,318 (16,029) 313,991 Village-Phase II Design- (33,400) - - 33,400 - Village-Phase II Construction- 33,400 - - 223,400 256,800 Saratoga-Sunnyvale/Gateway Sidewalk4,107 (79,295) - 25,745 103,459 2,525 Total Street Projects2,169,661 (681,479) 72,308 197,442 542,989 1,906,037 Parks & Trails Hakone Garden Koi Pond15,600 (9,875) - 5,700 - 25 EL Quito Park Improvements27,571 (16,572) - - - 10,999 Historical Park Landscape50,588 (50,588) - - - - Hakone Garden Retaining Wall & D/W142,829 - - 5,450 - 137,379 Lower House ADA Ramp- (977) - 2,814 3,791 - Hakone Garden Upper Moon House 125,000 250,000 - - - 375,000 Park Restroom Improvement- 57,589 - - - 57,589 West Valley Soccer Field(8,202) 8,202 - - - - Park/Trail Repairs23,434 (5,703) - 50 - 17,681 Playground Safety Equipment- (8,680) - 2,257 50,000 39,064 Blaney Plaza Improvements- (18,473) - - 25,000 6,527 Ravenswood Playground Improvement- 74,958 - 9,332 - 65,626 Tank Trail Repair26,731 (26,700) - - - 31 Mid Pen O/S Land Purchase250,000 - - - - 250,000 Total Parks & Trails653,552 253,182 - 25,602 78,791 959,923 Facility Improvements Facility Projects84,580 (8,887) - 59,781 109,606 125,518 Civic Center Improvement20 - - - (20) - Theater Improvement71,472 359 5,076 6,190 5,935 76,653 Senior Center Minor Building Improvement- (1,050) - - 1,050 - Senior Center Furniture & Fixture- (26,434) - - 26,434 - Portable Building Gutters- (2,460) - - 2,460 - North Campus Improvements3,920 (58,381) - 94 175,000 120,446 HVAC System Upgrade117,949 (117,016) - - (932) - Corp Yard Solar Project93,250 - - 7,913 - 85,337 Vehicle Structure Solar125,000 - - - - 125,000 Library Improvement15,000 (3,233) 6,139 33,670 351,360 335,596 SPCC Furniture & Fixture4,065 (2,979) (512) - 3,490 4,065 Museum Storage Bldg- (1,848) - - 1,848 - Hot Water Pump- - - 3,330 3,330 - Electric Upgrades- (4,800) - 2,000 6,800 - Electric Charging Station- - - - 65,000 65,000 McWilliams House Improvement10,000 (5,565) - - - 4,435 Total Facility Improvements525,256 (232,293) 10,703 112,977 751,360 942,049 Administrative Projects Financial System Upgrade3,534 - - - - 3,534 Document Imaging Project85,183 (3,381) - 987 - 80,815 CDD Document Imaging Project31,989 (9,082) - - - 22,907 CMO Document Imaging Project8,887 (4,659) - 585 - 3,643 Telecommunication System55,000 (55,000) - - - - IT Emergency Power Back40,180 - - 3,750 - 36,430 Total Administrative Projects224,773 (72,122) - 5,322 - 147,329 Tree Fund Citywide Tree Planting16,985 (4,692) 700 845 - 12,147 Tree Dedication Program- 22 - 399 25,000 24,623 Total Tree Fund16,985 (4,670) 700 1,244 25,000 36,771 CIP Grant Street Repair Projects (118,073) 9,535 - 165,467 27,725 (246,279) CIP Grant Park & Trail Projects (45,683) (130,470) 79,411 56,146 - (152,888) CIP Grant Administration - (3,903) 5,072 359 - 810 Gas Tax Fund 279,470 317,004 141,434 99,263 (106,000) 532,645 Total CIP Funds3,705,940 (545,216) 309,628 663,821 1,319,864 4,126,396 42 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 Quarterly Apportionment Rates Local Agency Investment Fund 43 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 July with LAIF flow purp allowed to exceeds th 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 y 31, 2011, th F. Council P poses, to avo o fall below $ he minimum SA September 7, 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 he City had $1 Policy on ope id occurrence $2,000,000. limit required Unrestrict Comerica Deposit wi Total Unr ARATOGA , 2011 Administrative countant for the Mont Report for the n 41004 requ and accounti atoga, Article east once eac unting of all body. e various fina for the City’s rterly LAIF ra Fund 140,330 in ca erating reserv e of dry peri The total poo d. ted Cash Bank ith LAIF restricted Ca Cas A CITY C e Services th Ended Jul e month ende ires that the C ing of all rece e 2-20, Sectio ch month, the receipts, disb ancial transac General (Op ates from the ash deposit at ve funds, adop od financing oled cash bala ash sh Summary OUNCIL AGENDA CITY M DEPT H ly 31, 2011 d July 31, 20 City Treasure eipts, disburse on 2-20.035 d e City Treasu bursements, a ction data for perating) Fund 1st Quarter of Comerica ba pted on Apri , pooled cash ance as of Ju 14$ 14,49$ 14,635$ A ITEM: MANAGER: HEAD: Mary F 11. 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 ank, and $14,4 l 20, 1994, st h from all fu uly 31, 2011 i 40,330 95,102 5,432 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. 495,102 on d tates that: for unds should n is $14,635,43 rson rk and . The ger as ty all Funds t from eposit r cash not be 32 and 44 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash14,635,432$ Plus: Assets241,309 Less: Liabilities (1,654,162) Ending Fund Balance13,222,579$ Adjusting Cash to Ending Fund Balance 45 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/11 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 7/31/11 General Undesignated Unreserved Balance1,788,185 - 353,533 511,776 - 1,629,942 Reserved Fund Balance: Petty Cash Reserve1,450 - - - - 1,450 Designated Fund Balances: Designated for Operations 2,889,077 - - - - 2,889,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 422,380 - - - - 422,380 Designated for Environmental 513,182 - - - - 513,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve250,000 - - - - 250,000 Designated for Capital Project Reserve75,000 - - 75,000 Subtotal 7,484,064 - 353,533 511,776 - 7,325,822 Special Revenue Landscape/Lighting Districts504,127 - - - - 504,127 CDBG Federal Grants- - - - - - Capital Project Street Projects1,906,037 - 73,421 6,641 - 1,972,817 Park and Trail Projects959,923 - - - - 959,923 Facility Improvement Projects942,049 - - - - 942,049 Administrative Projects147,329 - - - - 147,329 Tree Fund36,771 - - - - 36,771 CIP Grant Street Repair Projects(246,279) - - - - (246,279) CIP Grant Park & Trail Projects(152,888) - - 1,198 - (154,086) CIP Grant Administration 810 - - - - 810 Gas Tax Fund532,645 - - - - 532,645 Debt Service Library Bond 850,657 - - 696,328 - 154,329 Internal Service Fund Liability/Risk Management134,905 - 6,950 254,252 - (112,396) Workers Compensation224,104 - - 1,117 - 222,987 Office Stores Fund15,831 - 578 2,898 - 13,511 Information Technology Services 231,063 - - 43,902 - 187,161 Equipment Maintenance42,817 - - 4,632 - 38,185 Building Maintenance208,518 - - 28,582 - 179,936 Equipment Replacement331,373 - - - - 331,373 Technology Replacement185,567 - - - - 185,567 Total City14,339,422 - 434,482 1,551,325 - 13,222,579 46 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/11 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfers Fund Balance 7/31/11 Street Projects Traffic Safety129,793 - - - - 129,793 Highway 9 Safety Project36,033 - - - - 36,033 Annual Street Resurfacing Project 388,149 - 73,421 6,641 - 454,929 Sidewalks Annual Project52,905 - - - - 52,905 2010 VTA - FED STP Grant65,000 - - - - 65,000 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 - - - - 38,507 Prospect Road Median537 - - - - 537 Padero Erosion Mitigation12,963 - - - - 12,963 Monte Vista Storm Drain1,082 - - - - 1,082 Canyon View/Elva Drain35,000 - - - - 35,000 Village-Streetscape Impv 313,991 - - - - 313,991 Village-Phase II Construction256,800 - - - - 256,800 Saratoga-Sunnyvale/Gateway Sidewalk2,525 - - - - 2,525 Total Street Projects1,906,037 - 73,421 6,641 - 1,972,817 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 Park/Trail Repairs17,681 - - - - 17,681 Playground Safety Equipment39,064 - - - - 39,064 Blaney Plaza Improvements6,527 - - - - 6,527 Ravenswood Playground Improvement65,626 - - - - 65,626 Tank Trail Repair31 - - - - 31 Mid Pen O/S Land Purchase250,000 - - - - 250,000 Total Parks & Trails959,923 - - - - 959,923 Facility Improvements Facility Projects125,518 - - - - 125,518 Theater Improvement76,653 - - - - 76,653 North Campus Improvements120,446 - - - - 120,446 Corp Yard Solar Project85,337 - - - - 85,337 Vehicle Structure Solar125,000 - - - - 125,000 Library Improvement335,596 - - - - 335,596 SPCC Furniture & Fixture4,065 - - - - 4,065 Electric Charging Station65,000 - - - - 65,000 McWilliams House Improvement4,435 - - - - 4,435 Total Facility Improvements942,049 - - - - 942,049 Administrative Projects Financial System Upgrade3,534 - - - - 3,534 Document Imaging Project80,815 - - - - 80,815 CDD Document Imaging Project22,907 - - - - 22,907 CMO Document Imaging Project3,643 - - - - 3,643 IT Emergency Power Back36,430 - - - - 36,430 Total Administrative Projects147,329 - - - - 147,329 Tree Fund Citywide Tree Planting12,147 - - - - 12,147 Tree Dedication Program24,623 - - - - 24,623 Total Tree Fund36,771 - - - - 36,771 CIP Grant Street Repair Projects (246,279) - - - - (246,279) CIP Grant Park & Trail Projects (152,888) - - 1,198 - (154,086) CIP Grant Administration 810 - - - - 810 Gas Tax Fund 532,645 - - - - 532,645 Total CIP Funds4,126,396 - 73,421 7,838 - 4,191,978 47 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 Quarterly Apportionment Rates Local Agency Investment Fund 48 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority RECOMMENDED ACTION: Adopt the attached resolution authorizing the City of Saratoga to continue its participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) Program. BACKGROUND: Calls regarding abandoned vehicles are one of the most common non-emergency calls for service that the Sheriff’s Office receives in the City of Saratoga. Residents contact the Sheriff’s Department to request the removal of wrecked, dismantled, or inoperative vehicles that have been abandoned on both public and private property. Unless removed, these vehicles pose a health and safety hazard and are a public nuisance. Sections 9250.7 and 22710 of the California Vehicle Code provide for the establishment of a service authority and a one dollar vehicle registration fee to fund abandoned vehicle abatement efforts, if a county and a majority of the cities within that county adopt resolutions supporting such action. The one dollar registration fee is annually imposed on each vehicle registered within the participating county. The fees collected by the State are used to reimburse participating agencies in the county for their expenses related to the abatement of abandoned vehicles. State law allows for the continuation of the Service Authority in 10-year increments. For the past 19 years, the City of Saratoga has participated in the Santa Clara County AVASA Program. In the last 10 years alone, the City in conjunction with the Sheriff’s Office has abated 690 vehicles and collected $147,659.92 from the AVASA Program. Additionally, all cities within Santa Clara County are active participants in the AVASA Program. Countywide there have been 206,674 vehicles abated and $14.2 million dollars received. The current Service Authority will expire in March 2012. Approval of the attached resolution will extend Saratoga’s participation in the AVASA Program and imposition of a one dollar vehicle registration fee until March 31, 2022. The AVASA Board of Directors has requested that 49 Page 2 of 2 a certified copy of the resolution be sent to the California Highway Patrol no later than November 1, 2011. Along with the City of Saratoga’s resolution, a majority of cities representing the majority of the population and the County Board of Supervisors must also pass similar resolutions to continue the AVASA Program. All of the cities in the County have indicated that they plan to seek approval of resolutions continuing the program and the one dollar registration fee from their respective City Councils. The County Board of Supervisors and the City of Gilroy have already passed such a resolution. FISCAL IMPACTS: There is no net cost to the City as a result of approving the attached resolution. Through participation in the AVASA Program, the State will reimburse, up to 100%, the City and all other participating incorporated cities within the County for the expenses related to removal of abandoned vehicles from public and private property. The City, in conjunction with the Sheriff’s Office, has abated 690 vehicles and collected $147,659.92 from the AVASA Program in the last 10 years. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If Council decides not to approve the attached resolution, the City’s participation in the AVASA Program and ability to collect reimbursements from the State for abatement of abandoned vehicles will end March 31, 2012. ALTERNATIVE ACTION(S): N/A 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: Attachment A: Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority 50 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RENEWING THE SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY WHEREAS, California Vehicle Code Sections 9250.7 and 22710 provide for the establishment of a service authority for abandoned vehicle abatement, as well as the imposition of a one-dollar ($1.00) surcharge on vehicle registration fees in the County (the Fee), if the County Board of Supervisors and majority of cities within the County adopt resolutions supporting such action; and WHEREAS, the Saratoga City Council adopted Resolution number 01-084 in December 2001 to continue the City’s participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (the AVASA) and the imposition of the Fee; and WHEREAS, pursuant to applicable law, the imposition of the Fee was limited to a period of 10 years and is set to expire on March 31, 2012; and WHEREAS, State law permits the Fee to be extended in 10-year increments, if the County Board of Supervisors, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county, adopt resolutions providing for the extension of the fee; and WHEREAS, the City Council of Saratoga finds that abandoned, inoperable, and wrecked vehicles pose a health and safety hazard and are found to be a public nuisance; and WHEREAS, the City Council, because of the inherent cost savings, desires to continue participating in the AVASA Program. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby authorizes that a Service Authority for abandoned vehicle abatement be continued in Santa Clara County pursuant to the provisions of Section 22710 of the California Vehicle Code. BE IT FURTHER RESOLVED, that the City Council desires that the City of Saratoga continue to be a participating agency in the Service Authority and approves continuing the imposition of a one-dollar ($1.00) vehicle registration fee to remain in effect for a period of ten years from the inception of the date that the actual collection of the fees commences. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7th day of September 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 51 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan, AICP SUBJECT: 22480 and 22490 Mt. Eden Road (APN 503-09-003 and 503-80-004): RECOMMENDED ACTION: Ratify the April 20, 2011 approval of the Integrated Annexation Package (including all revised implementing documents) related to the properties at 22480 and 22490 Mt. Eden Road (APNs 503-09-003 and 503-80-004) by adopting the attached Resolution and authorizing execution and recordation of the associated revised Integrated Annexation Package documents. REPORT SUMMARY: Project History: On April 20, 2011 the City Council approved an Integrated Annexation Package consisting of 1) Final Annexation Approval for 2.68 acre parcel (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review Approval. On May 24, 2011, the City executed the documents and on May 26, 2011, the City recorded the documents with the Santa Clara County Recorder’s Office. On June 20, 2011 the City Council took final action on the General Plan Amendment which was approved in concept on April 20, 2011. The Local Agency Formation Commission (LAFCO) issued a certificate of completion for the annexation on June 27, 2011. Because of the untimely filing of certain deeds by the Applicant property owner (South Thunder, LLC – “STLLC”), it is necessary and prudent for the City Council to ratify its prior approval of the Integrated Annexation Package and approve execution and recordation of revised implementing documents. Overview: On August 11, 2011, the Applicant’s attorney met with the Assistant City Attorney regarding the following: A reallocation of the joint ownership of certain properties owned by Applicant STLLC to Grace PB LLC (GPBLLC) resulted in the recordation of deeds on May, 18, 2011, which had been signed on April 28, 2011. This recordation of property transfers occurred eight (8) days prior to recordation of the documents implementing the Integrated Annexation Package by the City which compromised the effectiveness of the documents required by the City. The two (2) owner/members of STLLC and the sole owner/member of GPBLLC have negotiated and executed a Rescission Agreement which rescinds the title transfers from STLLC to GPBLLC effective as of the date the original transfers were executed, April 28, 2011. This is a rescission “nunc pro tunc” (“now for then”) rendering the rescission effective and the Deeds 52 Page 2 of 2 void as of the date signed (4-28-11). Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011. The intent of the Rescission Agreement and Rescission Deeds is to cancel the transfers as though never made, although not extinguishing any liabilities incurred during the period that the deeds were in effect. (See attached legal opinions from the Counsel for the State Board of Equalization addressing similar actions cancelling property transfers effective as of the date of the original transfer). The Rescission Deeds should validate the effectiveness of the prior recordation of implementing documents. As an additional basis for assuring the effectiveness of the implementing documents, STLLC is providing revised re-executed versions thereof and the City will record same based on the Ratification Resolution attached. FISCAL IMPACTS: There are no new fiscal impacts from the recommended ratification process. The fiscal impact of the original approval was described in the April 20, 2011 Staff Report as follows: The City will receive approximately 2.5% of the property tax assessment for the subject property after annexation to the City of Saratoga. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The effectiveness of the previously recorded implementing documents for the Integrated Annexation Package will be compromised. ALTERNATIVE ACTION: Decline to adopt Ratification Resolution. FOLLOW UP ACTION: Record revised and updated implementing documents. 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) Ratification Resolution 2) Rescission Deeds 3) Notice and Deed of Merger with Attachments A, B, and C (Revised) 4) Pre-Annexation Agreement with Attachments A and B (Revised) 5) Land Conservation (Williamson Act) Contract Attachments A2, B, C, and A1 (Revised) 6) Legal Opinions from Counsel for the State Board of Equalization 7) City Council Staff Report, dated April 20, 2011 53 Resolution Ratifying Approval of Integrated Annexation Package for APN 503-09-004 (22480 Mount Eden Road) and APN 503-09-003 (22490 Mount Eden Road) Page 1 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RATIFYING THE APPROVAL OF AN INTEGRATED ANNEXATION PACKAGE FOR ANNEXATION TO THE CITY OF SARATOGA OF A PROPERTY LOCATED AT 22480 MOUNT EDEN ROAD AND ITS CONCURRENT MERGER WITH ADJOINING PROPERTY LOCATED AT 22490 MOUNT EDEN ROAD AND A CONCURRENT LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR THE ENTIRE MERGED PROPERTY South Thunder, LLC - APNs 503-09-004 and 503-09-003 WHEREAS, the City Council has considered an Integrated Application Package from South Thunder, LLC (“STLLC” or “Owner”) for the annexation of an approximately 2.68-acre property, hereinafter referred to as “the territory” or “Annexation Property”, APN 503-09-004, contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) hereto; and WHEREAS, concurrent with annexation, the territory was merged with the adjoining approximately 35.13-acre property (the “Principal Property”) and the entire Merged Property became restricted by a Land Conservation (Williamson Act) Contract on the Merged Property and approved for a General Plan Land Use Designation of Hillside Residential Conservation (HRC), made subject to an Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District, a Conditional Use Permit, and a Design Review Approval (collectively the “Integrated Annexation Package”); and WHEREAS, the City Council determined the Integrated Annexation Package exempt from the California Environmental Quality Act (CEQA): (1) under CEQA Guideline 15319 which exempts annexations to a city of areas containing existing private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (2) because they will all impose greater land use restrictions on the Merged Property than currently exist (including by imposing parameters and use permit conditions on the Merged Property for the first time), will involve no physical change to the environment, will assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (see CEQA Guidelines Sections 15308 and 15061(b)(3)); and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga was the conducting authority for the annexation; and 54 Resolution Ratifying Approval of Integrated Annexation Package for APN 503-09-004 (22480 Mount Eden Road) and APN 503-09-003 (22490 Mount Eden Road) Page 2 WHEREAS, the territory annexed at 22480 Mount Eden Road is in the City of Saratoga’s Urban Service Area and Sphere of Influence, has a Pre-General Plan designation of H-OS (Hillside-Open Space) which is being amended to RHC (Residential Hillside Conservation) concurrent with this annexation, and is pre-zoned as HR (Hillside Residential) to which AP/OS (Agricultural Preserve-Open Space) Overlay Zoning is being added concurrent with this annexation; and WHEREAS, upon approval of initiation of annexation on June 2, 2010, the Integrated Annexation Package was were referred to the Planning Commission which gave favorable recommendations thereon after public hearing on March 23, 2011, and returned the Integrated Annexation Package to the City Council for final action on the actual Annexation Approval, a Preannexation Agreement, a Land Conservation (Williamson Act) Contract, approval of a General Plan Amendment, a Zoning Amendment, a Use Permit with Variation from Standards, and a Design Review Approval; and WHEREAS, the annexation is consistent with the West Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and 2; and WHEREAS, the City Council conducted a noticed public hearing on the Integrated Annexation Package, even though no notice, public hearing or election was required for annexation approval itself because there is one hundred percent (100%) owner consent for the annexation proceedings; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and has determined that said territory is considered uninhabited for the purposes of annexation proceedings; and WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner STLLC have also been in the process of reallocating their joint ownerships of properties owned by STLCC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC effective as of April 28, 2011, by the execution of a Rescission Agreement, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; 55 Resolution Ratifying Approval of Integrated Annexation Package for APN 503-09-004 (22480 Mount Eden Road) and APN 503-09-003 (22490 Mount Eden Road) Page 3 WHEREAS, the City desires to ratify and confirm the continued validity of its original approval of the Integrated Annexation Package on April 20, 2011 (including but not limited to the Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded on May 26, 2011 as Document No. 21191123, the Pre-Annexation Agreement which was executed by the parties and was recorded on May 26, 2011 as Document No. 21191125, the Land Conservation (Williamson Act) Contract which was executed by the parties and was recorded on May 26, 2011 as Document No. 21191124, a General Plan Amendment, a Zoning Amendment, a Use Permit with Variation from Standards, a Design Review Approval, the actual Final Annexation Approval, and any and all the other elements of the Integrated Annexation Package approved by the City Council on April 20, 2011 by Resolution Nos. 11-026, 11-027,and 11-028 as well as the final General Plan Amendment Approval by the City Council on June 20, 2011 by Resolution No. 11-036). NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, hereby makes the following findings and takes the following actions: A. That the findings made and actions taken by the City Council of the City of Saratoga set forth in Resolution Nos. 11-026, 11-027,and 11-028 of the City of Saratoga, adopted on April 20, 2011 by the City Council approving the Integrated Annexation Package for annexation of the Annexation Property to the City of Saratoga, its concurrent merger with the Principal Property, the execution of a Land Conservation (Williamson Act) Contract between the City and the Owner applying to the Merged Property, the mutual execution of the Preannexation Agreement, the General Plan Amendment to Hillside Residential Conservation (HRC) General Plan Designation, the Zoning Amendment adding Agricultural Preserve/Open Space (AP/OS) Overlay Zoning, the Use Permit with Variation from Standards, and the Design Review Approval are hereby ratified and confirmed and remain and as valid today as when adopted, and shall be deemed hereby readopted as well. B. That the findings made and actions taken by the City Council of the City of Saratoga set forth in Resolution No. 11-036 of the City of Saratoga, adopted on June 20, 2011 by the City Council approving the final action on the General Plan Amendment to apply the Hillside Residential Conservation (HRC) General Plan Designation to the territory being annexed are hereby ratified and confirmed and remain and as valid today as when adopted, and shall be deemed hereby readopted as well. C. That the untimely implementation of the decision of the members of STLLC to reallocate ownerships in various entities, including STLLC, between them potentially compromised the effectiveness of the May 26, 2011 recordation of the documents implementing the Integrated Annexation Package and this Resolution is intended to support the actions being taken by STLLC and its members to assure the full and complete effectiveness of both the May 26, 2011 recordation of said implementing documents and the revised versions thereof attached hereto which are hereby directed 56 Resolution Ratifying Approval of Integrated Annexation Package for APN 503-09-004 (22480 Mount Eden Road) and APN 503-09-003 (22490 Mount Eden Road) Page 4 to be duly executed by the City Manager where required and recorded by the City Clerk pursuant to this Resolution. D. That the execution of the Rescission Agreement reference above by Grace PB LLC and STLLC, rescinding the transfers of the Annexation Property and the Principal Property from STLLC to Grace PB LLC and the execution and recordation of Rescission Deeds by Grace PB LLC in favor of STLLC by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011, has resolved any ambiguity with respect to title to the property residing in STLLC at all relevant and/or necessary times so as to assure the full and complete effectiveness of both the May 26, 2011 recordation of said implementing documents and the revised versions thereof being recorded pursuant to this Resolution. PASSED AND ADOPTED by the Saratoga City Council, State of California, the 7th day of September, 2011 by the following roll call vote: AYES: Councilmembers NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller, Ann Sullivan, MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________Richard Taylor, City Attorney City of Saratoga, California Attachments: 1. Preannexation Agreement (Revised) 2. Notice and Deed of Voluntary Merger (Revised) 3. Land Conservation Contract (Revised) 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 1 of 4 Recording Requested By: CITY OF SARATOGA After Recordation Return To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 ______________________________________________________________________________ Notice and Deed of Voluntary Merger (Revised) FOR RECORDATION WITH THE RECORDER’S OFFICE OF THE COUNTY OF SANTA CLARA 78 ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 2 of 4 Notice and Deed of Voluntary Merger (Revised) This is a Notice and Deed of Voluntary Merger (the "Merger") by SOUTH THUNDER, LLC (the "Owner") in favor of the CITY OF SARATOGA (the "City"). RECITALS A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property (approximately 2.68 acres) located in the County of Santa Clara within the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference ("Annexation Property"), as to which property owner has applied to the City to obtain final annexation approval; B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately 35.13 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga and more particularly described in Exhibit B. attached hereto and incorporated herein by this reference ("Principal Property"); C. WHEREAS, Owner submitted an Integrated Annexation Package including but not limited to a Development Proposal to the City seeking to obtain a Conditional Use Permit with a Variation from Standards for its existing stables, and approval to remodel and increase the square footage of the single family dwelling located on the Principal Property by 2907 square feet; D. WHEREAS, a material basis of the approval of the Development Proposal was the fact that the Development Proposal included merger of Principal Property and Annexation Property (by Deed) into a single legal parcel (the "Merged Property") for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property was extinguished); E. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner agreed to merge the Principal Property with the Annexation Property into a single legal parcel (the "Merged Property") for planning and land use purposes, which Merged Property is more particularly described in Exhibit C, attached hereto and incorporated herein by this reference, and pursuant to said agreement Owner executed a Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded as Document No. 21191123 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011. F. WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner STLLC have also been in the process of reallocating their joint ownerships of properties owned by STLLC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and 79 ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 3 of 4 through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC, effective as of April 28, 2011, by the execution of a Rescission Agreement, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21286993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; G. WHEREAS, City has ratified its prior adoption of its Resolution Nos. 11-026, 11-027, and 11-028 related to its April 20, 2011 approvals of Owner’s Integrated Annexation Package (including but not limited to Owner’s Development Proposal) by its adoption of Resolution No. __________ at its regular meeting on September 7, 2011, and Owner thereby intends to resolve any issue with respect to the effectiveness of the Notice and Deed of Merger (Document No.21191123) previously recorded in the office of the County Recorder, Santa Clara County, on May 26, 2011; NOW THEREFORE, Owner agrees, gives notice and voluntarily deeds the Annexation Property and the Principal Property to Owner as one Merged Parcel as follows: NOTICE AND DEED OF VOLUNTARY MERGER Notice is hereby given that the separate parcels of real property described in Exhibit A and Exhibit B attached hereto and made part hereof are hereby deeded to become one Merged Parcel as described on Exhibit C pursuant to Section 1093 of the Civil Code and pursuant to Grantor's express written statement hereby that such deed shall merge and consolidate the two separate parcels into one single parcel. Notice is further given that Owner initiated and diligently pursued to completion all necessary steps to merge the Annexation Property with the Principal Property into a single legal parcel (the "Merged Property") for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property was extinguished). The necessary steps for such merger include this Deed pursuant to City Code Section 14-70.080 (as amended June 1, 2011). Grantor SOUTH THUNDER, LLC hereby grants the separate parcels described in Exhibit A and Exhibit B respectively to Grantee SOUTH THUNDER, LLC to become one Merged Parcel as described on Exhibit C pursuant to Section 1093 of the Civil Code. This Notice and Deed shall serve as Grantor's express written statement that such deed shall merge and consolidate the two separate parcels into one single parcel and pursuant to City Code Section 14-70.080 as required by the preceding paragraph. The two previously existing separate parcels were also identified as Assessor's Parcel Number: APN 503-09004 (Exhibit A parcel) and Assessor's Parcel Number: APN-503-09-003 (Exhibit B parcel). The above-described Merged Property now constitutes one (1) parcel as described in Exhibit C. This merger constituted a material basis of the support for approval of the Integrated Annexation Package and the required findings for the integrated annexation proceedings including but not 80 ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 4 of 4 limited to the Use Permit and Variation from Standards granted by City on April 20, 2011, and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City's Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District has not been removed from the Merged Property by the City. Signed by Grantor Date: _____________________ SOUTH THUNDER, LLC By___________________________ _________________________(print name) _________________________(print title) NOTE: All signatures of both owners and holders of security interests must be property notarized. ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ____________________________ Signature 81 82 83 84 85 86 EXHIBIT “C” Situate in Section 3, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, County of Santa Clara, State of California and described as follows: Being the merged and combined lands of South Thunder LLC conveyed and recorded August 4 2005 in Document #18508248 and lands recorded October 26, 2005 in Document #18643030, Santa Clara County Records and more particularly described as follows; Beginning at the Northwest corner of Parcel B, as shown on that Parcel Map recorded December 16, 1997, filed in book 697, at page 34, Santa Clara County Records; thence easterly, southerly, westerly and northerly along the boundary of said lands of South Thunder LLC, North 62°34’43” East, also along the boundary of said parcel B 246.25 feet to the beginning of a non-tangent curve, concave southerly, having a radius 35.00 feet, a radial line to said curve bears North 27°11’41” West; thence easterly along said curve through a central angle of 75°01’41” an arc length of 45.83 feet; thence South 42°10’00” East 190.00 feet to the beginning of a curve, concave northerly, having a radius of 115.00 feet; thence easterly along said curve through a central angle of 41°00’08” an arc length of 82.30 feet; thence South 00°38’13” West 116.80 feet; thence South 22°35’00” East 88.44 feet; thence South 43°13’30” East 290.99 feet; thence South 08°25’00” East 39.38 feet to the southeasterly corner of said Parcel B; thence leaving said Parcel B South 08°25’00” East 62.70 feet to the southeast corner of said lands of South Thunder; thence North 79°45’00” West 223.74 feet; thence North 87°22’00” West 248.82 feet; thence South 56°30’00” West 125.40 feet; thence South 66°30’00” West 148.50 feet; thence South 79°30’00” West 97.68 feet; 1 87 thence North 89°30’00” West 92.40 feet; thence South 83°15’00” West 116.16 feet; thence North 43°30’00” West 99.00 feet; thence North 87°30’00” West 66.00 feet; thence South 86°00’00” West 154.44 feet; thence North 52°30’00” West 42.24 feet; thence North 83°30’00” West 112.86 feet; thence North 84°30’00” West 83.82 feet; thence North 79°30’00” West 112.20 feet; thence North 85°15’00” West 83.16 feet; thence North 57°30’00” West 62.04 feet; thence North 69°52’07” West 146.11 feet; thence South 72°15’00” West 168.30 feet; thence South 36°45’00” West 94.38 feet to the southwest corner of said lands of South Thunder; thence North 03°22’01” West 980.88 feet to the northwest corner of said lands of South Thunder; thence South 89°00’58” East 1069.20 feet; thence South 27°21’21” East 160.91 feet; thence North 77°12’00” East 55.44 feet; thence South 77°36’00” East 54.12 feet; thence South 48°16’00” East 73.92 feet; thence South 46°42’00” East 75.90 feet; thence South 62°48’00” East 50.16 feet; thence South 24°43’00” East 66.00 feet; thence South 52°16’00” East 61.38 feet to the Point of Beginning. APN 503-09-003 APN 503-80-004 Prepared by: Paul Jensen Professional Land Surveyor #4627 Date: April 17, 2011 2 88 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 1 of 9 Recording Requested By: CITY OF SARATOGA After Recordation Return To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 ______________________________________________________________________________ PREANNEXATION AGREEMENT (REVISED) FOR RECORDATION WITH THE RECORDER’S OFFICE OF THE COUNTY OF SANTA CLARA 89 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 2 of 9 SOUTH THUNDER, LLC PREANNEXATION AGREEMENT (REVISED) THIS PREANNEXATION AGREEMENT (Agreement) is made and entered into the 7th day of September, 2011, by and between the CITY OF SARATOGA (City), a municipal corporation of the State of California, and the SOUTH THUNDER LLC (Owner). The Agreement is made operative and effective as of April 20, 2011. The Owner and the City are collectively referred to herein as the Parties. RECITALS A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property (approximately 2.68 acres) located in the County of Santa Clara within the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference ("Annexation Property"), as to which property Owner has applied to the City to obtain final annexation approval; B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately 35.13 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein by this reference ("Principal Property"), which said Principal Property has been subject to a Williamson Act Contract which was originally entered into with the County of Santa Clara. Pursuant to Government Code Section 51243, when the Principal Property was annexed to the City of Saratoga in 2006, the City succeeded to all rights, duties, and powers of the County under the Contract. The Principal Property is currently developed with a single family dwelling, garage, hay barn, utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and workshop; C. WHEREAS, Owner submitted an Integrated Annexation Package including but not limited to a Development Proposal to the City seeking to obtain a Conditional Use Permit with a Variation from Standards for its existing stables, and approval to remodel and increase the square footage of the single family dwelling located on the Principal Property by 2907 square feet; D. WHEREAS, approval of the Development Proposal was materially based on a requirement that the Development Proposal include merger of Principal Property and Annexation Property into a single legal parcel for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property was extinguished); E. WHEREAS, Owner currently has no future plans for use or development of the Principal Property and/or the Annexation Property other than the proposed Use Permit for existing stables and expansion of the existing single family dwelling contained in the Development Proposal; F WHEREAS, annexation of the Annexation 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; 90 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 3 of 9 G. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner agreed to merge the Principal Property with the Annexation Property into a single legal parcel (the "Merged Property") for planning and land use purposes, which Merged Property is more particularly described in Exhibit C, attached hereto and incorporated herein by this reference, and pursuant to said agreement executed a Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded as Document No. 21191123 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011, and rescinded the Williamson Act Contract for the Principal Property and simultaneously re-entered a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract was recorded as Document No. 21191124 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011, and applied for and received a Conditional Use Permit and Variation from Standards and Design Review Approval for the benefit of the entire Development Proposal located on the Principal Property; H. WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner STLLC have also been in the process of reallocating their joint ownerships of properties owned by STLLC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC by the execution of a Rescission Agreement, effective as of April 28, 2011, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; I. WHEREAS, CITY has ratified its prior adoption of its Resolution Nos. 11-026, 11-027, and 11-028 related to its April 20, 2011 approvals of the Integrated Annexation Package (including but not limited to Owner’s Development Proposal) by its adoption of Resolution No. __________ at its regular meeting on September 7, 2011, and City and Owner seek to resolve any issue with respect to the effectiveness of the South Thunder LLC Preannexation Agreement (Document No.12191125) previously recorded in the office of the County Recorder, Santa Clara County, on May 26, 2011 (the “Original Preannexation Agreement”); J. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's respective responsibilities and understandings in pursuing and achieving annexation of the Annexation Property and approval of the Development Proposal; hence, the Parties intend and agree that the Annexation Property be annexed to the City subject to the following specified agreements and conditions. 91 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 4 of 9 AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: l . Annexation. A Resolution Initiating Annexation has been approved by the City Council. The Owner and City have agreed that for the purposes and goals and subject to the agreements and conditions set forth in the Recitals above and in order to provide for rational long-term land use planning that the Annexation Property would be processed for final annexation into the City. The City has taken the steps necessary to achieve annexation of the Annexation Property at the soonest reasonable opportunity, including referral of the matters in paragraph 2 below to staff and the Planning Commission. The Owner has consented to annexation of the Annexation Property and agreed to support said annexation. This revised Preannexation Agreement is being executed by the parties in light of the circumstances described in the Recitals above and in order to resolve any issue with respect to the effectiveness of, and to ratify all the acts taken by the parties pursuant to, the Original Preannexation Agreement. 2. Application and Approval for Use Permit for Stables and Expansion of Single Family Dwelling. The Owner has formally submitted to the City a Development Proposal, a copy of which was attached to the Original Preannexation Agreement as Exhibit C (Development Proposal) and is incorporated herein by this reference, which included the following essential elements: a. Conditional Use Permit and Variation from Standards. The Owner shall submit a complete Application and obtain City approval for a Conditional Use Permit for the stables and a Variation of Standards as to site area, site coverage and/or floor area for the entire Development Proposal to be located on the Merged Property; b. Parcel Merger. The Owner shall submit to the City a complete, executed and recordation ready and acceptable Notice and Deed of Voluntary Merger for Parcel Merger and otherwise promptly initiate and diligently pursue to completion all necessary steps to merge the Annexation Property with the Principal Property into a single legal parcel (the "Merged Property") for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property will be extinguished). The necessary steps for such merger shall be a new recorded Notice and Deed of Voluntary Merger for Parcel Merger. The merger shall constitute a material basis of the support for the approval of the Integrated Annexation Package and the required findings for the Variation from Standards, and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City's AP-OS overlay zoning district has not been removed by the City; c. Williamson Act Contract. The Owner shall submit a complete application and obtain City approval to rescind the Williamson Act Contract on the Principal Property and simultaneously re-enter a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract shall include the stables and all other existing 92 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 5 of 9 uses as compatible uses and shall be substantially in the form attached to the Original Preannexation Agreement as Exhibit D and is incorporated herein by this reference; d. Agricultural Preserve/Open Space Overlay. Owner shall submit a complete application and obtain City approval to add AP/OS overlay zoning to the entire Merged Property; and e. General Plan Amendment for Annexation Property. Owner shall submit a complete application and obtain City approval to amend the current Hillside Open Space (H-OS) Pre-General Plan Designation on the Annexation Property to a post-annexation General Plan Designation of Residential Hillside Conservation (RHC); and f. Design Review/Building Permit: Owner shall be required to obtain a Design Review Approval for the expansion of the single family dwelling and a Building Permit(s) as required by the City Code for implementation of the Development Proposal once approved. Owner shall have the option of submitting applications for Design Review and Building Permit as part of the Development Proposal, or may alternatively submit those applications subsequent, and subject, to approval of the Annexation. 3. Final Annexation Process. The City staff and Planning Commission reviewed the Development Proposal submitted under Paragraph 2 above and made recommendations to the City Council which approved the Integrated Annexation Package (including but not limited to the Development Proposal and the Final Annexation) at its regular meeting on April 20, 2011. 4. Survival of Rights and Obligations. The rights and obligations of the Parties as set forth in this Agreement shall survive annexation of the Annexation Property to the City. 5. LAFCO. An executed LAFCO Certificate of Completion of Annexation, dated June 20, 2011, has been issued by LAFCO and received by the City and the annexation has become final. 6. 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. 7. 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. 8. Controlling Law. This Agreement shall be construed and enforced in accord with the 93 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 6 of 9 laws of the State of California. 9. No Joint Venture or Partnership. The Parties 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, the Owner is not an agent of the City. 10. Agreement By Owner to Indemnify, Hold Harmless and Defend City as to Action(s) Challenging Approval of Annexation, this Preannexation Agreement and All City Actions Processed Prior To Or Concurrently With The Annexation and as to Damage From Performance of Work Authorized by Any Of Such Actions. Owner (or Owner's successor(s) performing work described in Subsection b. below) hereby agrees 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 Owner, or by Owner's successor(s), or by any person acting on their behalf, authorized by any City action described in subparagraph 10.a. above. Owner's obligations under subparagraph 10 above shall prevail over any other provision in this Preannexation Agreement. 11. Cooperation in the Event of Legal Challenge. In the event of any administrative, 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 or the integrated annexation proceedings described herein, the Parties shall cooperate in defending the action or proceeding. 12. Notices. All notices or communications required hereunder between the Parties shall be in writing and may be given either personally, by overnight carrier, or by first class mail, addressed to the party intended to be notified. The notice shall be deemed to have been given and received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Post Office. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until duly changed as set forth above. 94 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 7 of 9 City of Saratoga City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 South Thunder LLC/Owner Brooks & Hess William Brooks 577 Salmar Avenue, Second Floor Campbell San Jose, CA 95008 Copy to: Richard S. Taylor City Attorney City of Saratoga Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 13. Miscellaneous. a. 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 Owner. All such successors in interest shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such successors in interest acquire an interest in Owner's Properties or any thereof. b. 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. c. Amendment of Agreement. This Agreement may be amended, but only in writing by mutual agreement of the original Parties or their successors in interest. d. 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, unless the provision held invalid forms a material consideration of this Agreement. e. Change in Law. If a subsequent change occurs in federal or state laws or regulations which 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. f. 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 95 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 8 of 9 Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building ordinance. g. 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 supersedes all negotiation(s) or previous agreement(s) of the parties with respect to all or part of the subject matter hereof. No alteration or variation of this instrument shall be valid or binding unless contained in a duly executed written amendment to this Agreement. h. Captions. The captions in this Agreement 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. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: CITY OF SARATOGA, CALIFORNIA a Municipal Corporation By:_____________________________ Dave Anderson, City Manager Approved as to Form: ___________________________ Richard Taylor, City Attorney ATTEST: _____________________ Ann Sullivan, City Clerk South Thunder, LLC, Owner By:__________________________ [Authorized Signatory] Approved as to Form: ___________________________ William T. Brooks, Esq. 96 ______________________________________________________________________________ SOUTH THUNDER, LLC PRE-ANNEXATION AGREEMENT (REVISED) Page 9 of 9 ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ____________________________ Signature ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ____________________________ Signature 97 98 99 100 101 102 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 1 of 8 Recording Requested By: CITY OF SARATOGA After Recordation Return To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 ______________________________________________________________________________ LAND CONSERVATION CONTRACT (REVISED) (California Land Conservation Act of 1965 – Williamson Act) FOR RECORDATION WITH THE RECORDER’S OFFICE OF THE COUNTY OF SANTA CLARA 103 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 2 of 8 LAND CONSERVATION CONTRACT (REVISED) This is a Land Conservation Contract (the "Contract"), also known as a Williamson Act Contract, between the CITY OF SARATOGA (the "City"), and SOUTH THUNDER, LLC and/or any successors thereof (the "Owner"). A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property (approximately 2.68 acres) located in the County of Santa Clara within the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit A2, attached hereto and incorporated herein by this reference ("Annexation Property"); B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately 35.13 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein by this reference ("Principal Property"), which said Principal Property has been subject to a Williamson Act Contract originally entered into with the County of Santa Clara, and pursuant to Government Code Section 51243, when the Principal Property was annexed to the City of Saratoga in 2006, the City succeeded to all rights, duties, and powers of the County under the Williamson Act Contract. The Principal Property is currently developed with a single family dwelling, garage, hay barn, utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and workshop; C. WHEREAS, Owner submitted an Integrated Annexation Package (including but not limited to a Development Proposal) to the City seeking to obtain a Conditional Use Permit with a Variation from Standards for its existing stables, and approval to remodel and increase the square footage of the single family dwelling located on the Principal Property by 2907 square feet; D. WHEREAS, approval of the Development Proposal was materially based on a requirement that the Development Proposal include merger of Principal Property and Annexation Property into a single legal parcel (the "Merged Property" described at Exhibit C attached hereto and incorporated herein by this reference) for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property was extinguished); E. WHEREAS. concurrent with annexation of the Annexation Property to the City, Owner (1) agreed to merge the Principal Property with the Annexation Property into a single legal parcel (the "Merged Property") for planning and land use purposes, and pursuant to said agreement executed a Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded as Document No. 21191123 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011, (2) agreed with the City to, and did, rescind the Williamson Act Contract for the Principal Property and simultaneously re-entered a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract was duly executed by the parties and was recorded as Document No. 21191124 in 104 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 3 of 8 the office of the County Recorder, County of Santa Clara, California on May 26, 2011, and (3) applied for and received a Conditional Use Permit and Variation from Standards and Design Review Approval for the benefit of the entire Development Proposal located on the Principal Property; F. WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner have also been in the process of reallocating their joint ownerships of properties owned by STLCC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC effective as of April 28, 2011, by the execution of a Rescission Agreement, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994 back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; G. WHEREAS, CITY has ratified its prior adoption of its Resolution Nos. 11-026, 11-027, 11-028, and 11-036 related to its April 20, 2011 approvals of the Integrated Annexation Package (including but not limited to Owner’s Development Proposal) by its adoption of Resolution No. __________ at its regular meeting on September 7, 2011, and City and Owner thereby intend to resolve any issue with respect to the effectiveness of the rescission of the Williamson Act Contract for the Principal Property and simultaneously re-entry into the Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract was recorded as Document No. 21191124 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011; F. WHEREAS, the resulting Merged Property has been and continues to be devoted to agricultural or open space and uses and uses compatible thereto and the merger has constituted a material basis of the support for the required findings for the Conditional Use Permit and Variation from Standards granted by the City on April 20, 2011 and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City's AP/OS overlay zoning district has not been removed by the City; G. WHEREAS, both Owner and City desire to restrict the use of the resulting Merged Property to agricultural, open space and uses compatible thereto; H. WHEREAS, the parties have determined that the highest and best use for the resulting Merged Property during the term of this Land Conservation (Williamson Act) Contract, or any renewal thereof, shall be for agriculture, open space and uses compatible thereto; 105 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 4 of 8 AGREEMENT NOW THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965 This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the "Act." This Contract is subject to all of the Provisions of the Act including any amendments thereto which may hereafter be enacted. This Land Conservation Contract is being executed by the parties in light of the circumstances described in the Recitals above and in order to resolve any issue with respect to the effectiveness of, and to ratify all the acts taken by the parties pursuant to, the Land Conservation Contract heretofore executed by the parties and recorded in the office of the County Recorder, Santa Clara County, California on May 26, 2011 as Document No. 21191124 (the “Original Land Conservation Contact”). 2. RESTRICTIONS ON USE OF PROPERTY During the term of this Contract, and any and all renewals thereof, the Property shall not be used for any purpose other than the agricultural, open space and recreational uses and uses compatible thereto. A list of all such compatible uses is set forth in Exhibit Al attached hereto and by this reference incorporated herein. City may from time to time during the term of this Contract and all renewals thereof, add to the list of compatible uses additional uses which shall apply uniformly to all property located in the agricultural preserve in which the Property is located; provided, however. City may not during the term of this Contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit A1. The provisions of this Contract and any supplementary list of compatible uses are not intended to limit or supersede the planning and zoning powers of City. 3. RESTRICTIONS ON SUBDIVISION OF PROPERTY In order to be subdivided, the Merged Property must satisfy certain additional requirements of California law (including but not limited to any limitations imposed by the Williamson Act or the Subdivision Map Act) for division of land, or lot line adjustment of land, which is subject to a contract under the Act. Furthermore, the Merged Property shall not be subsequently subdivided so long as any portion of the Merged Property is subject to a Williamson Act Contract, or the City's AP/OS overlay zoning district has not been removed by the City. 4. TERM OF CONTRACT 106 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 5 of 8 This Contract shall become effective on the date of execution by the City and shall remain in full force and effect for an initial term of ten years, which term shall commence on one of the dates specified below in this paragraph. If the date of execution of this Contract is between March 2 and December 31, the initial term of ten years shall commence as of the first day of January next succeeding the date of execution. If the date of execution of this Contract is between January 1 and March 1, the initial term of ten years shall commence as of the first day of January of the year of execution. Each succeeding first day of January shall be deemed to be the annual renewal date of this Contract. This Contract shall be renewed automatically on each succeeding January 1 and one additional year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Paragraph 5. 5. NOTICE OF NONRENEWAL (a) If either party desires in any year not to renew this Contract, that party shall serve written notice of nonrenewal upon the other party in advance of the annual renewal date of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days, prior to the renewal date, this Contract automatically shall be renewed for an additional year as provided in Paragraph 4 above. (b) In the event that City serves written notice of nonrenewal of this Contract, the Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a written protest of nonrenewal. The notice shall be deemed to have been received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Postal Service. City may at any time prior to the next following renewal date thereafter, withdraw such notice of nonrenewal and, in such event, this Contract shall continue as if no such notice of nonrenewal had been served. (c) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this Contract shall remain in effect for the balance of the term remaining on the Contract as of the last automatic annual renewal. If the initial term of the Contract was ten (10) years, the remaining term after notice of nonrenewal is nine (9) years. 6. NO COMPENSATION Owner shall not receive any payment from City in consideration of the obligation imposed under this Contract, it being recognized and agreed that the consideration for the execution of this Contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to owner as a result of the effect upon the assessed value of the Property on account of the restrictions on the use of the Property contained herein. 7. SUCCESSORS IN INTEREST 107 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 6 of 8 This Contract and the restrictions imposed hereunder shall be binding upon, and inure to the benefit of, all successors in interest of the Owner and the City. 8. CANCELLATION This Contract may not be cancelled except pursuant to the provisions of the Act. 9. NOTICES All notices required or permitted by this Contract, including notice of a change of address, shall be in writing and given by personal delivery, by overnight carrier, or by first class mail, addressed to the party intended to be notified. The notice shall be deemed to have been given and received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Postal Service. Notice to the City shall be addressed: CITY OF SARATOGA, attn. CITY CLERK City Hall 13777 Fruitvale Avenue Saratoga, California 95070 Notice to Owner shall be addressed: SOUTH THUNDER, LLC c/o Brooks & Hess Attn. William T. Brooks, Esq. 577 Salmar Avenue, Second Floor, Campbell, CA 95008 10. INVALIDITY City may declare this Contract terminated if it (or another substantially similar Contract) is declared invalid or ineffective in any court adjudication which has become final, but no cancellation fee or other penalties shall be assessed against Owner based upon such termination. 11. HOLDERS OF RECORD Owner represents and warrants that the persons signing below are the only persons with legal and security interests in the Property and agrees to indemnify, defend and save harmless (collectively "indemnify") the City from any and all claims, suits or losses caused by a breach of this representation or warranty. This representation, warranty, and agreement to indemnify, are binding upon the Owner (including Owner's successors in interest). Signatures of holders of security interests shall only be evidence of notice of the Contract and acceptance by the holders of security interests of the binding restrictions herein. 108 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by Owner on ___________________ and by City on ___________________. CITY OF SARATOGA _______________________________ Dave Anderson, City Manager ATTEST: City Clerk _______________________________ Ann Sullivan SOUTH THUNDER, LLC By: ______________________________ __________________________(print name) __________________________(print title) APPROVED AS TO FORM: ___________________________ Richard Taylor, City Attorney ___________________________ William T. Brooks, Attorney for SOUTH THUNDER, LLC 109 SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY (REVISED) Page 8 of 8 NOTE: All signatures of both owners and holders of security interests must be property notarized. ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ____________________________ Signature ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, personally appeared ________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ____________________________ Signature 110 111 112 113 114 115 EXHIBIT “C” Situate in Section 3, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, County of Santa Clara, State of California and described as follows: Being the merged and combined lands of South Thunder LLC conveyed and recorded August 4 2005 in Document #18508248 and lands recorded October 26, 2005 in Document #18643030, Santa Clara County Records and more particularly described as follows; Beginning at the Northwest corner of Parcel B, as shown on that Parcel Map recorded December 16, 1997, filed in book 697, at page 34, Santa Clara County Records; thence easterly, southerly, westerly and northerly along the boundary of said lands of South Thunder LLC, North 62°34’43” East, also along the boundary of said parcel B 246.25 feet to the beginning of a non-tangent curve, concave southerly, having a radius 35.00 feet, a radial line to said curve bears North 27°11’41” West; thence easterly along said curve through a central angle of 75°01’41” an arc length of 45.83 feet; thence South 42°10’00” East 190.00 feet to the beginning of a curve, concave northerly, having a radius of 115.00 feet; thence easterly along said curve through a central angle of 41°00’08” an arc length of 82.30 feet; thence South 00°38’13” West 116.80 feet; thence South 22°35’00” East 88.44 feet; thence South 43°13’30” East 290.99 feet; thence South 08°25’00” East 39.38 feet to the southeasterly corner of said Parcel B; thence leaving said Parcel B South 08°25’00” East 62.70 feet to the southeast corner of said lands of South Thunder; thence North 79°45’00” West 223.74 feet; thence North 87°22’00” West 248.82 feet; thence South 56°30’00” West 125.40 feet; thence South 66°30’00” West 148.50 feet; thence South 79°30’00” West 97.68 feet; 1 116 thence North 89°30’00” West 92.40 feet; thence South 83°15’00” West 116.16 feet; thence North 43°30’00” West 99.00 feet; thence North 87°30’00” West 66.00 feet; thence South 86°00’00” West 154.44 feet; thence North 52°30’00” West 42.24 feet; thence North 83°30’00” West 112.86 feet; thence North 84°30’00” West 83.82 feet; thence North 79°30’00” West 112.20 feet; thence North 85°15’00” West 83.16 feet; thence North 57°30’00” West 62.04 feet; thence North 69°52’07” West 146.11 feet; thence South 72°15’00” West 168.30 feet; thence South 36°45’00” West 94.38 feet to the southwest corner of said lands of South Thunder; thence North 03°22’01” West 980.88 feet to the northwest corner of said lands of South Thunder; thence South 89°00’58” East 1069.20 feet; thence South 27°21’21” East 160.91 feet; thence North 77°12’00” East 55.44 feet; thence South 77°36’00” East 54.12 feet; thence South 48°16’00” East 73.92 feet; thence South 46°42’00” East 75.90 feet; thence South 62°48’00” East 50.16 feet; thence South 24°43’00” East 66.00 feet; thence South 52°16’00” East 61.38 feet to the Point of Beginning. APN 503-09-003 APN 503-80-004 Prepared by: Paul Jensen Professional Land Surveyor #4627 Date: April 17, 2011 2 117 Exhibit “A2” Development Proposal Thunder Ranch hereby applies for the listed items and incorporates by reference the materials in the City file for the following applications: ANEX 09-0002: Parcel Merger. The Owner shall submit to the City a complete, executed and recordation ready and acceptable Notice and Deed of Voluntary Merger for parcel merger and otherwise promptly initiate and diligently pursue to completion all necessary steps to merge the Annexation Property with the Principal Property into a single legal parcel (the “Merged Property”) for planning and land use purposes (such that the development potential for a single family dwelling on the Annexation Property will be extinguished). The necessary steps for such merger shall include a new recorded final Parcel Map so long as required to be in compliance with Government Code Section 66499.20¾ and City Code Section 14-70.080 (as now in effect or hereafter amended). The merger shall constitute a material basis of the support for the approval of the integrated annexation package and the required findings for the Variation from Standards and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City’s AP-OS overlay zoning district has not been removed by the City; Williamson Act Contract. The Owner shall submit a complete application and obtain City approval to rescind the Williamson Act Contract on the Principal Property and simultaneously re-enter a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract shall include the stables and all other existing uses as compatible uses and shall be substantially in the form attached hereto as Exhibit D. GPA 11-0002: General Plan Amendment for Annexation Property. Owner shall submit a complete application and obtain City approval to amend the current Hillside Open Space (H-OS) Pre-General Plan designation on the Annexation Property to a post-annexation General Plan designation of Residential Hillside Conservation (RHC). ZOA 10-0005: Agricultural Preserve/Open Space Overlay. Owner shall submit a complete application and obtain City approval to add AP/OS overlay zoning to the entire Merged Property. CUP 10-0010: Conditional Use Permit and Variation from Standards. The Owner shall submit a complete Application and obtain City approval for a Conditional Use Permit for the stables and a Variation of Standards as to site area, site coverage and/or floor area for the entire Development Proposal to be located on the Merged Property. PDR 10-0017: Design Review/Building Permit: Owner shall be required to obtain a Design Review Approval for the expansion of the single family dwelling and a Building Permit(s) as required by the City Code for implementation of the Development Proposal once approved. Owner shall have the option of submitting applications for Design Review and Building Permit 118 as part of the Development Proposal, or may alternatively submit those applications subsequent, and subject, to approval of the Annexation. 119 120 121 122 123 124 125 126 127 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: April 20, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan, AICP SUBJECT: Annexation Package regarding approximately 37.8 acres, located at 22480 and 22490 Mt. Eden Road (APN 503-09-003 and 503-80-004): 1) Final Annexation Approval for 2.68 acre parcel (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review. RECOMMENDED ACTION: Approve the proposed annexation by adopting the attached Resolution and associated annexation package documents. REPORT SUMMARY: Project History: On June 2, 2010, the City Council approved an initiation of annexation for the subject 2.68 acre property. The 35.13 acre property was previously annexed by the City in 2006. On February 22, 2011, the Planning Commission held a study session to thoroughly review the annexation package and discuss any concerns with the applicant, staff, and Assistant City Attorney. On March 23, 2011, the Planning Commission recommended approval of the annexation package at a noticed public hearing. Overview: The annexation and the accompanying actions included in the integrated annexation package described below are part of an application submitted to the City by “South Thunder, LLC”. South Thunder LLC is the owner of two adjoining parcels. The “Principal Property” is a 35.13 acre parcel located at 22490 Mt. Eden Road. The “Annexation Property” is a 2.68 acre parcel located at 22480 Mt. Eden Road, adjacent to the Principal Property, in Santa Clara County and within the City’s Sphere of Influence and Urban Service Area. Annexation: The 2.68 acre Annexation Property has public water (San Jose Water) and sanitary sewer service (Cupertino Sanitary District). No structures are proposed for the Annexation Property and the applicant would extinguish the development potential of the parcel for a separate single family dwelling by merging the Annexation Property and the Principal Property as described below. Annexation Procedures are discussed in the Council Report (attachment 1). 128 Page 2 of 4 General Plan Amendment: The Principal Property was annexed to the City in 2006 and has a General Plan designation of Residential Hillside Conservation (RHC) and a zoning designation of Hillside Residential (HR). The Annexation Property has a Pre-General Plan designation of Hillside Open Space (OS-H) and a Pre-zoning designation of Hillside Residential (HR). Once merged, both properties should have a single post-annexation General Plan designation of Residential Hillside Conservation (RHC). Lot Merger and AP-OS Overlay Zone: Concurrent with annexation, the 2.68 acre Annexation Property is proposed to be merged with the adjoining 35.13 acre Principal Property. The Merged Property would also be made subject to the Agricultural Preserve/Open Space Overlay zoning. The AP/OS overlay is required for land on which Williamson Act contracts are executed and renewed. Williamson Act Contract: The applicant would also include the entire Merged Property under a Williamson Act Contract. This would require rescinding the existing Williamson Act Contract with the City on the Principal Property and simultaneously re-entering a Williamson Act Contract for the entire Merged Property. The Williamson Act Contract would include the stables and all other existing uses as compatible uses. Conditional Use Permit (CUP): City Code allows community stables and associated accessory structures in the HR district with a CUP. The existing Community Stable facilities are located almost entirely on the Principal Property and include a stable, two barns, apartment above the utility barn, loafing sheds, and a covered arena with viewing pavilion. There is also a driveway and sand equestrian riding arena which is surrounded by an approximately five foot (5’) tall open PVC fence on the Annexation property. There will be no change to the 22,018 square feet of existing Community Stable facilities. Design Review: The Principal Property is currently improved with a two-story single-family residence, basement, garage, gym, pool house, and pool. The applicant proposes to remodel the existing 5,330 square foot home by adding 2,308 square feet of floor area to the first-story, reducing the second-story by 125 square feet, reducing the four car garage by 118 square feet, and adding 644 square feet to the existing basement (not counted as floor area). The total resulting floor area for the principal use (single-family residence and structures accessory to it) on the Merged Property would be 10,926 SF, including the main residence (8,237 SF), garage (1,003 SF), pool house and gym (1,686 SF). The applicant would also remove five (5) non-native protected trees, as approved by the City Arborist. There is currently 103,332 square feet of site coverage on what will become the Merged Property. The applicant would remove and replace the patios, decks, fountain, and walkways; remodel the existing pool; and remove a pavilion attached to the front of the home. The existing site coverage would be reduced by 2,656 square feet. With the net decrease in site coverage, the total resulting site coverage of the Merged Property would still be 100,676 SF, approximately 6% of the entire site. Variation from Standards: The parcel merger constitutes a material basis of support for approval of the offsets resulting from a net decrease in site coverage described above and for the required findings for the Variation from Standards. The Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or so long as the City’s AP/OS overlay zoning district has not been 129 Page 3 of 4 removed by the City. The entire Merged Property would also become restricted by a Land Conservation (Williamson Act) Contract. Offsets: The reduction in 2,656 square feet of site coverage will offset the 2,308 square feet of floor area resulting from the addition to the single family residence. The additional floor area is also offset by the elimination of a minimum of 6,560 square feet of otherwise allowable floor area which would be developable on the currently existing Annexation Property. The foregoing offsets are memorialized in the integrated annexation package requiring the Annexation Property to be merged with the Principal Property. If the parcel is not annexed, Santa Clara County development standards would apply; the applicable County RHS zoning district allows a maximum height of 35-feet and 3-stories, with setbacks of 30 feet in the front, 25 feet in the back, and 20 feet on the sides. The size of a single family dwelling in the County is limited by establishment of a building envelope (if any), rather than a strict floor area limit as in the City. California Environmental Quality Act (CEQA): The addition to the existing single-family residence is Class 3 categorically exempt from CEQA pursuant to Title 14 California Code of Regulations, Chapter 3, Article 19, Section 15303. The Annexation, Preannexation Agreement, Parcel Merger, Williamson Act Contract, General Plan Amendment, and Zoning Amendment are exempt from CEQA under Sections 15319, 15308 and 15061(b)(3) because: (1) the annexation is to a city of an area containing existing private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, and there is no proposed extension of utility services; (2) they will all impose greater land use restrictions on the Merged Property than currently exist; (3) the Use Permit imposes parameters and conditions on the Merged Property for the first time; and (4) the project does not have a reasonable possibility of having a significant effect on the environment. FISCAL IMPACTS: The City will receive approximately 2.5% of the property tax assessment for the property being annexed after annexation to the City of Saratoga. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the Annexation Parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution approving annexation and provide Staff with direction. FOLLOW UP ACTION: Staff shall forward a copy of the City’s resolution of annexation approval to the Santa Clara County Surveyor (LAFCO) and Assessors Offices. 130 Page 4 of 4 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. Notice of hearing for each of the elements of the integrated annexation package were published in the Saratoga News on April 5, 2011 and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. City Council Staff Report, dated June 2, 2010 2. Planning Commission Staff Report, dated March 23, 2011 1) Pre-Annexation Agreement 2) Notice and Deed of Merger 3) Williamson Act Contract 4) Annexation Resolution 5) Conditional Use Permit and Design Review Resolution 6) Zoning and General Plan Amendment Resolution 7) Site Plans (Exhibit A) 131 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP SUBJECT: Partial Conditional Use Permit (CUP) Fee Reimbursement for Vine Life Gifts RECOMMENDED ACTION: Staff recommends the City Council expend the remaining $2,300 of the New Business Incentive Program to partially reimburse the Conditional Use Permit fee for Vine Life Gifts. REPORT SUMMARY: Background At a March 18, 2009 Public Hearing the City Council (Council) recommended that $25,000 be made available from the Council’s discretionary fund to reimburse the Conditional Use Permit (CUP) fee for five new businesses. The Council created an ad-hoc committee consisting of two Council members to work with Staff on selecting the types of uses that would be eligible for a permit fee refund. The Committee selected the following seven types of conditional uses that would be eligible for a refund of CUP application fees. • Family Style Restaurant that serves breakfast, lunch, and dinner • Bakery • Grocery Store • Wine Tasting • Ice Cream or Frozen Yogurt Store • Arts and Crafts Instructional Activities including but not limited to art lessons or martial arts instruction • Undesignated The Council originally approved the CUP Reimbursement Incentive Program for an 18 month period commencing on April 1, 2009 and ending on October 1, 2010. Because of the success of the CUP Reimbursement Incentive Program the Council twice extended the programs expiration date. On September 1, 2010 the City Council extended the CUP Incentive Program to June 30, 2011 and on June 1, 2011 the City Council extended the CUP Incentive Program to June 30, 2012. 132 The following six businesses received CUP fee refunds since the program’s inception date of March 18, 2009. St. Stan’s Brewery – Wine Tasting Yolatea – Ice Cream or Frozen Yogurt Store Big Basin Vineyards – Wine Tasting Belltower Bistro – Bakery Downtown Farmers Market – Undesignated Martella Wines – Wine Tasting Remaining Balance of the CUP Reimbursement Incentive Program – Vine Life Gifts The original balance of the CUP Reimbursement Incentive Program was $25,000. A total of $22,700 of these funds has been used to refund the CUP application costs for the six businesses listed in the preceding paragraphs with a remaining balance of $2,300.00 (see attachment). Vine Life Gifts is a gift shop located at 14575 Big Basin Way. The store sells a variety of items including kitchen accessories, home decorating items, tea related gifts, and candles. Vine Life Gifts was formerly located in Sonoma County in the City of Guerneville. At the Guerneville location the store also sold a variety of fine wines. The owner of Vine Life Gifts would like to sell bottled wine at their store on Big Basin Way. Saratoga Municipal Code Section 15-19.020(b)(3) requires a CUP for all establishments engaged in the sale of alcoholic beverages. The store will not be offering wine tasting. During Oral Communications at the August 17, 2011 Council meeting, a representative from the Saratoga Chamber of Commerce requested that the Council consider using the remaining $2,300 of the CUP Reimbursement Incentive Program to partially refund the $3,400 fee for Vine Life Gifts’ CUP application. The Council directed staff to agendize the topic for the meeting of September 7, 2011. FISCAL IMPACTS: The partial CUP fee refund for Vine Life Lifts would reduce to zero the remaining $2,300 balance of the CUP Reimbursement Incentive Program CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Vine Life Gifts would not get a partial refund of their CUP application fees and the remaining $2,300 would remain in the Council’s discretionary fund. ALTERNATIVE ACTION: None FOLLOW UP ACTION: As directed 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 133 meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council Meeting. ATTACHMENT: Conditional Use Permit Reimbursement Incentive Program Remaining Balance Table 134 Ci t y o f S a r a t o g a Ne w B u s i n e s s I n c e n t i v e P r o g r a m Ap r i l 2 0 0 9 - J u n e 2 0 1 1 Pr o j e c t # Ad d r e s s Bu s i n e s s N a m e Bu s i n e s s T y pe P e r mi t F e e s Pe Re rm i t F e e s fu n d e d Remaining Balance CU P 0 9 - 0 0 0 7 14 5 5 4 B i g B a s in S t . S t a n ' s B r e w e r y Wi n e T a s t i n g $ 4, 7 0 0 . 0 0 $ 4, 4 0 0 . 0 0 20,600.00$ CU P 0 9 - 0 0 1 7 14 4 8 2 B i g B a s in Y o l a t e a Yo g u r t S h o p $ 3, 5 5 0 . 0 0 $ 3, 4 0 0 . 0 0 17,200.00$ AC U P 1 0 - 0 0 0 1 14 5 9 8 B i g B a s in B i g B a s i n V i n e y a r d s Wi n e T a s t i n g $ 3, 5 5 0 . 0 0 $ 3, 4 0 0 . 0 0 13,800.00$ CU P 1 0 - 0 0 0 2 20 4 9 0 B i g B a s in B e l l t o w e r B i s t r o Ba k e r y $ 3, 5 5 0 . 0 0 $ 3, 4 0 0 . 0 0 10,400.00$ CU P 1 1 - 0 0 0 3 Ci t y - W i d e Sa r a t o g a F a r m e r ' s M a rk e t O u t d o o r M a rk e t 4, 7 0 0 . 0 0 4, 7 0 0 . 0 0 5 , 7 0 0 . 0 0 $ AC U P 1 1 - 0 0 0 2 14 5 9 8 B i g B a s in M a r t e l l a W i n e s Wi n e T a s t i n g 3, 5 5 0 . 0 0 3, 4 0 0 . 0 0 2 , 3 0 0 . 0 0 $ $2 5 , 0 0 0 St a r t i n g Bu d g e t Ty p e s of Us e s Up to 6 bu s i n e s s e s ca n ap p l y Fa m i l y ‐St y l e Re s t a u r a n t Ba k e r y Ba k e r y Gr o c e r y St o r e Wi n e Ta s t i n g Yo g u r t St o r e Ar t s & Cr a f t s In s t r u c t i o n Un d e s i g n a t e d (D e t e r m i n e d by Ci t y Council) 13 5 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 7, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: AlertSCC Non-Emergency Messaging RECOMMENDED ACTION: Appoint the City Manager as the authorized representative to respond to the Santa Clara County request to opt in or out of AlertSCC non-emergency messaging services and direct the City Manager to opt out of AlertSCC non-emergency messaging. BACKGROUND: AlertSCC is an emergency alert service offered by Santa Clara County that utilizes telephone voice messages, emails, and text messages to send alerts. The system uses phone numbers in the 911 and 411 databases, as well as cell phone numbers and email addresses registered with the system via the AlertSCC website. While the primary purpose of the AlertSCC notification system is to communicate emergency information to the public, the system can also be used to share non-emergency messages. Cities in Santa Clara County have been asked to notify the County by September 15, 2011 whether or not they would like to opt in our out of this service. Cities that opt in to non-emergency messaging services will be required to pay a one-time set up fee of $5,000 and $5,000 for every year of non-emergency messaging services. Consequently, the first year of non-emergency services will be $10,000 plus the cost of additional messages above the number included in the annual fee. Staff is recommending that the Council appoint the City Manager as the City’s authorized representative to sign the AlertSCC Opt In/Opt Out form. Additionally, staff recommends that the Council direct the City Manager to opt out of the AlertSCC non-emergency messaging component of the AlertSCC program. The service comes at a high cost and the City already has a number of communication tools at its disposal, such as the City website, email, paid newspaper advertising, TIS radio station, and KSAR. Over the last year, the City has had access to AlertSCC non-emergency messaging and has not had a need for this service. 136 Page 2 of 2 FISCAL IMPACTS: If Council directs the City Manager to opt out of AlertSCC non-emergency messaging services, there will be no fiscal impact to the City. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City would not submit an Opt In/Opt Out Authorization Form to the County for AlertSCC non-emergency messaging services. ALTERNATIVE ACTION(S): The Council may decide to direct the City Manager to opt in to AlertSCC non-emergency messaging services. If the City opts into this messaging service, Santa Clara County charges a $5,000 set up fee for non-emergency AlertSCC messaging services. One year of use, including 100,000 messages, is $5,000. Additional non-emergency messages can be purchased at anytime for $5,000 per 100,000 messages. 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: Attachment A: AlertSCC Non-Emergency Messaging Opt In/Opt Out Authorization Form 137 Non-Emergency Messaging Opt In / Opt Out Authorization 1st year term: October 2011 through September 30, 2012. 2nd year term: October 2012 through September 30, 2013. County of Santa Clara, Office of Emergency Services Page 1 of 2 Instructions • Complete the form on page 2 and submit to County of Santa Clara Office of Emergency Services by mail, fax, or email listed at the bottom of page 2. • The County will provide instructions for payment to the cities that opt in. Opt In to Non-Emergency Messaging When a city chooses to Opt In they shall be entitled to send non-emergency messages for an additional fee, as described below. One-time setup fee $5,000 Initial fee to opt in to non-emergency messaging First year use, including 100,000 messages $5,000 Use of system for non-emergency messaging, including 100,000 Non-Emergency Messages for the applicable City during the first year term, October 2011 through September 30, 2012. Second year use, including 100,000 messages $5,000 Use of system for non-emergency messaging, including 100,000 Non-Emergency Messages for the applicable City during the second year term, October 2012 through September 30, 2013. Additional message packs $5,000 A City may purchase additional Non-Emergency Messages at any time for $5,000 per each 100,000-message message pack. Message packs shall expire one year from the date of purchase. Examples: a) message packs purchased on Oct. 1, 2011 expire Sept. 30 2012; b) message packs purchased March 1, 2012 will expire February 28, 2013. However, all message packs expire when the master contract itself expires on Sept. 30, 2013. Opt Out of Non-Emergency Messaging When a city chooses to Opt Out, the city will be restricted to sending emergency messages only. A city may choose to Opt In at a later date; however, certain restrictions will apply related to the expiration date of purchased message packs, as explained above. Definitions An “Emergency” is an incident, situation or natural phenomenon that: (a) is immediately threatening to life, health, property or the environment; or (b) has caused loss of life, health detriments, property damage or environmental damage; or (c) has a high probability of escalating to cause immediate danger to life, health, property or environment. An "Emergency Message" is a voice or text message sent (i) in connection with an Emergency; (ii) for the purpose of conducting a system test in preparation for an Emergency; or (iii) otherwise to an employee or volunteer of the County or City (as applicable). For the avoidance of doubt, the County or City (as applicable) can send messages to its employees and volunteers, regardless whether such messages are emergency, outreach, informational, testing or otherwise, and such messages shall be permissible and count towards the County's Emergency Messages allocations and/or purchases set forth herein. Note: These definitions pertain to the ability to use the notification service without additional cost, and differ slightly from the legal definition of emergency that allows AlertSCC users to send calls to phone numbers in the AlertSCC 911 data set. Users are trained on the proper use of the 911 data set in the AlertSCC training provided by SCC OES. Questions Questions regarding the AlertSCC Opt In / Opt Out Request form may be directed to the AlertSCC Program Manager at 408.808.7800 or alertscc.admin@oes.sccgov.org 138 Non-Emergency Messaging Opt In / Opt Out Authorization 1st year term: October 2011 through September 30, 2012. 2nd year term: October 2012 through September 30, 2013. County of Santa Clara, Office of Emergency Services Page 2 of 2 Please mark your selection below to Opt In or Opt Out of non-Emergency messaging for AlertSCC. City Name: Authorized representative: Title: E-mail Address: Phone Number: Non-Emergency Messaging: ☐ Opt In: 10/1/2011 – 9/30/2012 ☐ Opt Out: 10/1/2011 – 9/30/2012 ☐ Opt In: 10/1/2012 – 9/30/2013 ☐ Opt Out: 10/1/2012 – 9/30/2013 Description of Services: City Non-Emergency Messages shall be subject to an initial fee of $10,000, which shall include the first 100,000 Non-Emergency Messages for the applicable City during the first year. Thereafter, the applicable City shall be subject to an additional fee of $5,000 per year which shall include 100,000 Non-Emergency Messages for the applicable City during each such year. A City may purchase additional Non-Emergency Messages at any time for $5,000 per each 100,000-message message pack. Message packs shall expire one year from the date of purchase, provided, however, that all message packs shall expire upon expiration of the term and shall not be subject to refund. A City must give notice of their intent by September 15, 2011. If a City does not give notice, AlertSCC accounts will be deleted on October 1, 2011. Each City’s ability to send messages shall be limited to the number of messages purchased as further described in Exhibit B, Description of Requested Service Section a.1, of Amendment No. 1 to the AlertSCC Agreement between the County of Santa Clara and Blackboard Connect Inc. Signed Date: By signing this request, I certify that I have authority to execute this Opt In/Opt Out authorization. Submit completed form by Thursday, September 15, 2011 to: AlertSCC Program Manager County of Santa Clara Office of Emergency Services 55 W. Younger Avenue San Jose, CA 95110 FAX: 408-294-4851 Email: alertscc.admin@oes.sccgov.org 139